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LETTERS AND MESSAGES 



OK 



RUTHERFORD B. HAYES, 

PRESIDENT OF THE UNITED STATES, 



TOGETHER WITH 



LETTER OF ACCEPTANCE 



IIV^UOXJKAL ^r>r>R^ESS. 



■^^\^^ntJ'67^''/K^I ili-d.ye%) 



WASHINGTON 
1881. 



/ -'^^ 



/02> 



LETTER OF ACCEPTANCE 



REPUBLICAN NOMINATION FOR PRESIDENT OF 
THE UNITED STATES. 

JUJLY 8, 1876. 



By transfer 
lie Wiite House, 



LETTER OF ACCEPTANCE. 



Columbus, Ohio, July 8, 1876. 

GENTLE3IEX : lu reply to your official communication of June 17, by 
which I am informed of my nomination for the oflSce of President of 
the United States by the Eepublican National Convention at Cincin- 
nati, I accept the nomination with gratitude, hoping that, under Provi- 
dence, I shall be able, if elected, to execute the duties of the high 
office as a trust for the benefit of all the people. I do not deem it 
necessary to enter upon any extended examination of the declaration 
of principles made by the Convention. The resolutions are in accord 
with my views, and I heartily concur in the principles they announce. 
In several of the resolutions, however, questions are considered which 
are of such iuii^ortance that I deem it proper to briefly express my con- 
victions in regard to them. The fifth resolution adopted by the Con- 
vention is of paramount interest. More than forty years ago a system 
of making appointments to office grew up, based upon the maxim " to 
the victors belong the spoils." The old rule, the true rule, that honesty, 
capacity, and fidelity constitute the only real qualification for office, 
and that there is no other claim, gave j)lace to the idea that party ser- 
vices were to be chiefly considered. All parties in jjractice have adopted 
this system. It has been essentially modified since its first introduc- 
tion. It has not, however, been improved. At first the President, 
either directly or through the heads of department, made all the ap- 
pointments, but gradually the appointing power, in many cases, passed 
into the control of members of Congress. The offices in these cases have 
become not merely rewards for party services, but rewards for services to 
party leaders. This system destroys the independence of the separate 
departments of the Government. " It tends directly to extravagance and 
official incapacity." It is a temptation to dishonesty; it hinders and im- 
pairs that careful supervision and strict accountability by which alone 
faithful and efficient public service can be secured; it obstructs the 
prompt removal and sure punishment of the unworthy; in every way it 
degrades the civil service and the character of the Government. It is 
felt, I am confident, by a large majority of the members of Congress, 
to be an intolerable burden and an unwarrantable hindrance to the 
proper discharge of their legitimate duties. It ought to be abol- 



6 LETTERS AND MESSAGES. 

islied. Tbe reform should be tliorough, radical, and complete. We 
should return to the priuciples and practice of the founders of the 
Government — supplying by legislation, when needed, that which was 
formerly the estaljlished custom. They neither expected nor desired 
from the public oflflcers any partisan service. They meant that public 
officers should give their whole service to the Government and to the 
people. They meant that the officer should be secure in his tenure as 
long as his personal character remained untarnished and the perform- 
ance of his duties satisfactory. If elected, I shall conduct the admin- 
istration of the Government upon these principles, and all constitu- 
tional powers vested in the Executive will be employed to establish 
this reform. The declaration of principles by the Cincinnati Conven- 
tion makes no announcement in favor of a single Presidential term. I 
do not assume to add to that declaration; but believing that the resto- 
ration of the civil service to the system established by Washington 
and followed by the early Presidents can be best accomplished by an 
Executive who is under no temptation to use the patronage of his 
office to promote his own re-election, I desire to perform what I regard 
as a duty in now stating my inflexible purpose, if elected, not to be a 
candidate for election to a second term. 

On the currency question I have frequently expressed my views in 
public, and I stand by my record on this subject. I regard all the laws 
of the United States relating to the payment of the public indebtedness, 
the legal-tender notes included, as constituting a pledge and moral 
obligation of the Government, which must in good faith be kept. It 
is my conviction that the feeling of uncertainty inseparable from an 
irredeemable paper currency, with its tiuctuations of value, is one of 
the great obstacles to a revival of confidence and business, and to a 
return of prosperity. That uncertainty can be ended in but one way — 
the resumption of specie payments. But the longer the instability of 
our money system is permitted to continue, the greater will be the in- 
jury inflicted upon our economical interests and all classes of society. 
If elected, I shall approve every appropriate measure to accomplish 
the desired end ; and shall oppose any step backward. 

The resolution with respect to the public-school system is one which 
should receive the hearty support of the American people. Agitation 
upon this subject is to be apprehended, until, by constitutional amend- 
ment, the schools are placed beyond all danger of sectarian control or 
interference. The Eepublicau party is pledged to secure such an 
amendment. 

The resolution of the Convention on the subject of the permanent pa- 



LETTERS AND MESSAGES. 7 

cificationjof the country, and the complete protection of all its citizens 
in the free enjoyment of all their constitutional rights, is timely and of 
great importance. The condition of the Southern States attracts the 
attention and commands the sympathy of the people of the whole 
Union. In their progressive recovery from the effects of the war, their 
first necessity is an intelligent and honest administration of govern- 
ment which will protect all classes of citizens in their political and 
private rights. What the South most needs is "peace," and peace de- 
pends upon the supremacy of the law. There can be no enduring 
peace if the constitutional rights of any portion of the people are 
habitually disregarded. A division of political parties resting merely 
upon sectional lines is always unfortunate and may be disastrous. The 
welfare of the South, alike with that of every other part of this country, 
depends upon the attractions it can ofl'er to labor and immigration, and 
to capital. But laborers will not go, and cai^ital will not be ventured 
where the Constitution and the laws are set at defiance, and distrac- 
tion, apprehension, and alarm take the place of peace-loving and 
law-abiding social life. All parts of the Constitution are sacred and 
must be sacredly observed — the parts that are new no less than the 
parts that are old. The moral and national prosperity of the Southern 
States can be most effectually advanced by a hearty and generous re- 
cognition of the rights of all, by all — a recognition without reserve or 
exception. With such a recognition fully accorded it will be practica- 
ble to promote, by the influence of all legitimate agencies of the Gen- 
eral Government, the efl:brts of the people of those States to obtain for 
themselves the blessings of honest and capable local government. If 
elected, I shall consider it not only my duty, but it will be my ardent 
desire to labor for the attainment of this end. 

Let me assure my countrymen of the Southern States that if I shall be 
charged with the duty of organizing an administration, it will be one 
which will regard and cherish their truest interests — the interests of 
the white and of the colored people both, and equally; and which will 
put forth its best efforts in behalf of a civil policy which will wipe out 
forever the distinction between North and South in our common country. 
With a civil service organized upon a system Avhich will secure purity, 
experience, efficiency, and economy, a strict regard for the public wel- 
fare solely in appointments, and the speedy, thorough, and unsparing 
prosecution and punishment of all public officers who betray official 
trusts ; with a sound currency ; with education unsectariau and free to 
all ; with simplicity and frugality in public and private affairs, and with 
a fraternal spirit of harmony pervading tlie people of all sections and 



a LETTERS AND MESSAGES. 

classes, we may reasonably hope that the second century of our exist- 
ence as a Xation will, by the blessing of God, be pre-eminent as an era 
of good feeling and a period of progress, prosperity, and happiness. 
Very respecfully, your fellow-citizen, 

E. B. HAYES. 

To theHons. Edwakd McPherson,Wm. A.Howard, Jos. H. Eainey, 
AND OTHERS, Committee of the National Republican Convention. 



INAUGURAL ADDRESS 



PRESIDENT OF THE UNITED STATES. 

MARCH 5, 1877. 



INAUGURAL ADDRESS. 



Fellow-Citizens: We have assembled to repeat the public cere- 
mouial, begun by Wasliiugtou, observed by all my i^redecessors, and 
now a time-honored custom, which marks the commencement of a new 
term of the Presidential office. Called to the duties of this great trust, 
I ijroceed, in compliance with usage, to announce some of the leading 
principles on the subjects that now chiefly engage the public attention, 
by which it is my desire to be guided in the discharge of those duties. 
I shall not undertake to lay down irrevocably principles or measures of 
administration, but rather to speak of the motives which should animate 
us, and to suggest certain important ends to be attained in accordance 
with our institutions and essential to the welfare of our country. 

At the outset of the discussions which preceded the recent Presiden- 
tial election, it seemed to me fitting that I should fully make kno"\vn 
my sentiments in regard to several of the important questions which 
then appeared to demand the consideration of the country. Following 
the example, and in part adopting the language, of one of my pred- 
ecessors, I wish now, when every motive for misrepresentation has 
passed away, to repeat what was said before the election, trusting that 
my countrymen will candidly weigh and understand it, and that they 
will feel assured that the sentiments declared in accepting the nomina- 
tion for the Presidency will be the standard of my conduct in the path 
before me, charged, as I now aui, with the grave and difficult task of 
carrying them out in the practical administration of the Government 
so far as depends, under the Constitution and laws, on the Chief Ex- 
ecutive of the Xation. 

The permanent pacification of the country upon such principles and 
by such measures as will secure the complete protection of all its cit- 
izens in the free enjoyment of all their constitutional rights is now the 
one subject, in our public affairs, which all thoughtful and patriotic 
citizens regard as of supreme importance. 

Manj^ of the calamitous effects of the tremendous revolution which 
has passed over the Southern States still remain. The immeasurable 
benefits wliich will surely follow, sooner or later, the hearty and gen- 
erous acceptance of the legitimate results of that revolution, have not 
vet been realized. Difficult and embarrassing questions meet us at the 



12 LETTERS AND MESSAGES. 

tbresliokl of this subject. The people of those States are still impov- 
erished, and the inestimable blessing: of wise, honest, and i)eaceful self- 
government is not fully enjoyed. Whatever difference of opinion may 
exist as to the cause of this condition of things, the fact is clear, that, 
in the progress of events, the time has come when such government is 
the imperative necessity required by all the varied interests, i)ul)lic and 
private, of those States. But it must not be forgotten that only a local 
government which recognizes and maintains inviolate the rights of all 
is a true self-government. 

With respect to the two distinct races whose peculiar relations to 
each other have brought upon us the deplorable complications and 
peri^lexities which exist in those States, it must be a government which 
guards the interests of both races carefully and equally. It must be a 
government which submits loyally and heartily" to the Constitution and 
the laws — the laws of the Nation and the laws of the States them- 
selves — accepting and obeying faithfully the whole Constitution as it is. 

Resting upon this sure and substantial foundation, the superstructure 
of beneficent local governments can be built up, and not otherwise. 
In furtherance of such obedience to the letter and the spirit of the Con- 
stitution, and in behalf of all that its attainment implies, all so-called 
party interests lose their apparent importance, and party lines may well 
be permitted to fade into insignificance. The question we have to con- 
sider for the immediate welfare of those States of the Union is the 
question of government or no government, of social order and all the 
peaceful industries and the happiness that belong to it, or a return to 
barbarism. It is a question in which every citizen of the Nation is 
deeply interested, and with respect to which we ought not to be, in a 
partisan sense, either Republicans or Democrats, but fellow-citizens 
and fellow-men, to whom the interests of a common country and a 
common humanity are dear. 

The sweeping revolution of the entire labor system of a large portion 
of (mr country, and the advance of four millions of people from a con- 
dition of servitude to that of citizenship, upon an equal footing with 
their former masters, could not occur without presenting ])roblems of 
the gravest moment, to be dealt with by the emancipated race, by their 
former masters, and by the General Government, the author of the act 
of emancipation. That it was a wise, just, and Providential act, fraught 
with good for all concerned, is now generally conceded throughout the 
country. That a moral obligation rests upon the National Government 
to employ its constitutional power and influence to establish the rights 
of the people it has emancipated, and to protect them in the enjoyment 



LETTERS AND MESSAGES. 13 

of those rights wheu they are infriuged or assailed, is also generally 
admitted. 

The evils which afflict the Southern States can only be removed or 
remedied by the united and harmonious efforts of both races, actuated 
by motives of mutual sympathy and regard. And while in duty bound 
and fully determined to i^rotect the rights of all by every constitutional 
means at the disposal of my administration, I am sincerely anxious to 
use every legitimate influence in favor of honest and efficient local self- 
government as the true resource of those States for the promotion of 
the contentment and prosperity of their citizens. In the effort I shall 
make to accomplish this purpose I ask the cordial co-operation of all 
who cherish an interest in the welfare of the country, trusting that 
party ties and the prejudice of race will be freelj^ surrendered in behalf 
of the great purpose to be accomplished. In the important work of 
restoring the South it is not the political situation alone that merits 
attention. The material development of that section of the country" 
has been arrested by the social and political revolution through which 
it has passed, and now needs and deserves the considerate care of the 
National Government, within the just limits prescribed by the Consti- 
tution and wise public economy. 

But, at the basis of all prosperity, for that as well as for every other 
l)art of the country, lies the improvement of the intellectual and moral 
condition of the people. Universal suffrage should rest upon universal 
education. To this end, liberal and i^ermanent provision should be 
made for the support of free schools by the State governments, and, if 
need be, supplemented by legitimate aid from national authority. 

Let me assure my countrymen of the Southern States that it is my 
earnest desire to regard and j^romote their truest interests, the interests 
of the white and of the colored people both, and equally, and to put 
forth my best efforts in behalf of a civil policy which will forever wipe 
out in our political affairs the color line, and the distinction between 
North and South, to the end that we may have not merely a united 
North or a united South, but a united country. 

I ask the attention of the public to the paramount necessity of reform 
in our civil service, a reform not merely as to certain abuses and i)rac- 
tices of so-called official patronage, which have come to have the sanc- 
tion of usage in the several departments of our Government, but a 
change in the system of appointment itself, a reform that shall be 
thorough, radical, and complete; a return to the principles and prac- 
tices of the founders of the Government. They neither expected nor 
desired from public officers any partisan service. They meant that 



14 LETTERS AND MESSAGES. 

public ofificers sliould owe their whole service to the Government aud 
to the ])eople. They meant that the officer should be secure in his 
tenure as long as his personal character remained untarnished, and the 
performance of his duties satisfactory. They held that appointments 
to office were not to be made nor expected merely as rewards for parti- 
san services, nor merely on the nomination of members of Congress, 
as being entitled in any respect to the control of such appointments. 

The fact that both the great political parties of the country, in de- 
claring their principles prior to the election, gave a prominent place to 
the subject of reform of our civil service, recognizing and strongly 
urging its necessity, in terms almost identical in their specific imi)ort 
with those I have here employed, must be accepted aS a conclusive 
argument in belialf of these measures. It must be regarded as the 
expression of the united voice and will of the whole country upon this 
subject, and both political parties are virtually pledged to give it their 
unreserved support. 

The President of the United States of necessity owes his election to 
office to the suffrage and zealous labors of a political party, the mem- 
bers of which cherish with ardor, and regard as of essential importance, 
the principles of their party organization. But he should strive to be 
always mindful of the fact that he serves his party best Avho serves his 
country best. 

In furtherance of the reform we seek, and in other important respects 
a change of great importance, I recommend an amendment to the Con- 
stitution prescribing a term of six years for the Presidential office, and 
forbidding a re-election. 

With respect to the financial condition of the country, I shall not 
attempt an extended history of the embarrassment and prostration 
which we have suffered during the past three years. The depression 
in all our varied commercial and manufacturing interests throughout 
the country, which began in September, 1873, still continues. It is 
very gratifying, however, to be able to say that there are indications 
all around us of a coming change to prosperous times. 

Upon the currency question, intimately connected as it is with this 
topic, I may be permitted to repeat here the statement made in my let- 
ter of acceptance, that, in my judgment, the feeling of uncertainty 
inseparable from an irredeemable paper currency, with its fluctuation 
of values, is one of the greatest obstacles to a return to prosperous 
times. The only safe paper currency is one which rests upon a coin 
basis, and is at all times and promptly convertible into coiji. 

I adhere to the ^lews heretofore expressed by me in favor of con- 



LETTERS AND MESSAGES. 15 

gressional legislation in behalf of an early resumption of specie pay- 
ment, and I am satisfied not only tliat this is wise, but that the interests 
as well as the public sentiment of the country imi)eratively demand it. 

Passing- from these remarks upon the condition of our own country 
to consider our relations with other lands, we are reminded by the in- 
ternational comijlications abroad, threatening the peace of Europe, that 
our traditional ride of non-interference in the affairs of foreign nations 
has proved of great value in past times, and ought to be strictly 
observed. 

The policy inaugurated by my honored predecessor, President Grant, 
of submitting to arbitration grave questions in dispute between our- 
selves and foreign Powers, points to a new and incomparably the best 
instrumentality for the preservation of peace, and will, as I believe, 
become a beneficent example of the course to be pursued in similar 
emergencies by other nations. 

If, unhappily, questions of difference should at any time during the 
period of my administration arise between the United States and any 
foreign Government, it will certainly be my disposition and my hope 
to aid in their settlement in the same peaceful and honorable way, thus 
securing to our country the great blessings of peace and mutual good 
offices with all the nations of the world. 

Fellow-citizens, we have reached the close of a political contest 
marked by the excitement which usually attends the contests between 
great political parties, whose members espouse and advocate with 
earnest faith their respective creeds. The circumstances were, perhaps, 
in no respect extraordinary, save in the closeness and the consequent 
uncertainty of the result. 

For the first time in the history of the country, it has been deemed 
best, in view of the peculiar circumstances of the case, that the objec- 
tions and questions in dispute ^ith reference to the counting of the 
electoral votes should be referred to the decision of a tribunal appointed 
for this purpose. 

That tribunal — established by law for this sole purpose; its members, 
all of them, men of long-established reputation for integrity and intelli- 
gence, and, with the exception of those who are also members of the 
Supreme Judiciary, chosen equally from both political parties; its 
deliberations— enlightened by the research and the arguments of able 
counsel — was entitled to the fullest confidence of the American people. 
Its decisions have been patiently waited for, and accepted as legally 
conclusive by the general judgment of the public. For the present, 
opinion will widely vary as to the wisdom of the several conclusions 



16 LETTERS AND MESSAGES. 

announced by that tribunal. This is to be anticipated in every instance 
where matters of dispute are made the subject of arbitration under the 
forms of law. Human judgment is never unerring, and is rarely re- 
garded as otherwise than wrong by the unsuccessful party in the con- 
test. 

The fact that two great political parties have in this way settled a 
dispute, in regard to which good raeu differ as to the facts and the law, 
no less than as to the proper course to be pursued, in solving the ques- 
tion in controversy, is an occasion for general rejoicing. 

Upon one point there is entire unanimity in public sentiment, that 
contlictiug claims to the Presidency unist be amicably and peaceably 
adjusted, and that when so adjusted the general acquiescence of the 
Nation ought surely to follow. 

It has been reserved for a Government of the people, where the right 
of suffrage is universal, to give to the world the first example in history 
of a great Nation, in the midst of a struggle of opposing parties for 
power, hushing its party tumults, to yield the issue of the contest to 
adjustment according to the forms of law. 

Looking for the guidance of that Divine Hand by which the destinies 
of nations and individuals are shaped, I call upon you. Senators, Eep- 
resentatives. Judges, fellow-citizens, here and everywhere, to unite with 
me in an earnest effort to secure to our country the blessings, not only 
of material i^rosperity, but of justice, peace, and union — a Union de- 
pending not upon the constraint of force, but upon the lo^ ing devotion 
of a free people; "and that all things may be so ordered and settled 
upon the best and surest foundations, that peace and happiness, truth 
and justice, religion and piety, may be established among us for all 
generations." 



LETTER OF INSTRUCTION 



TO THE 



LOUISIANA COMMISSION 



APRIL 9, 1877. 



LETTER OF INSTRUCTION. 



Washington, April 2, 1877. 

Gentlemen: I am iustructed by the President to lay before you 
some observations upon the occasion and objects wliich have led him 
to invite you, as members of the commission about to visit the State of 
Louisiana, to undertake this public service. 

Upon assuming his office the President finds the situation of affairs 
in Louisiana such as to justly demand his prompt and solicitous atten- 
tion ; for this situation presents as one of its features the apparent 
intervention of the military j)ower of the United States in the domestic 
controversies which, unhaijpily, divide the opinions and disturb the 
harmony of the people of that State. This intervention, arising dur- 
ing the term and by the authority of his predecessor, throws no present 
dutj' upon the President, except to examine and determine the real 
extent and form and effect to which such intervention actually exists, 
and to decide as to the time, manner, and conditions which should be 
observed in putting an end to it. It is in aid of his intelligent and 
prompt discharge of this duty that the President has sought the service 
of this commission to supply by means of its examination, conducted 
in the State of Louisiana, some information that may be pertinent to 
the circumspection and security of any measure he may resolve upon. 

It will be readily understood that the service desired of and intrusted 
to this commission does hot include any examination into or report upon 
the facts of the recent State election, or of the canvass of the votes 
cast at such election. So far as attention to these subjects may be 
necessary the President cannot but feel that the reports of the com- 
mittees of the two Houses of Congress, and other public information 
at hand, will dispense with and should i^reclude any original explora- 
tion by the commission of that field of inquiry. 

But it is most pertinent and important, in coming to a decision upon 
the precise question of executive duty before himj, that the President 
should know what are the real impediments to regular, legal, and 
peaceful procedures under the laws and constitution of the State of 
Louisiana by which the anomalies in government there presented may 
be put in course of settlement without involving the element of mill- 



20 LETTERS AND MESSAGES. 

tary power as either an ageut or a make-weiglit iu such solution. The 
successful ascertaiumeut of these impediments, the President would 
confidently expect, would indicate to the people of that State the wis- 
dom and the mode of their removal. The unusual circumstances which 
attended and followed the State election and canvass, from its relation 
to the excited feelings and interests of the Presidential election, may 
have retarded, within the State of Louisiana, the persuasive influences 
by which the great social and material interests common to the whole 
people of a State, and the pride of the American character as a law- 
abiding nation, ameliorate the disappointments and dissolve the resent- 
ments of close and zealous political contests. But the President both 
hopes and believes that the great body of the people of Louisiana are 
now prepared to treat the unsettled results of their State election with 
a calm and conciliatory spirit. If it be too much to expect a complete 
concurrence in a single government for that State, at least the Presi- 
dent may anticipate a submission to the peaceful resources of the laws 
and the constitution of the State of all their discussions, at once reliev- 
ing themselves from the reproach, and their fellow-citizensof the United 
States from the anxieties, which must ever attend a prolonged dispute 
as to the title and the administration of the government of one of the 
States of the Union. 

The President, therefore, desires that you should devote your first 
and principal attention to a removal of the obstacles to an acknowl- 
edgment of one government for the purpose of an exercise of author- 
ity within the State, and a representation of the State in its relations 
to the General Government, under section four of article four of the 
Constitution of the United States, leaving, if necessary, to judicial or 
other constitutional arbitrament A^•ithin the State the question of ulti- 
mate right. If these obstacles should prove insuperable from whatever 
reason, and the hope of a single government in all its departments be 
disappointed, it should be your next endeavor to accomplish the recog- 
nition of a single Legislature as the depositary of the representative 
will of the people of Louisiana. This great department of government 
rescued from disi)ute, the rest of the problem could gradually be worked 
out by the pre\'alent authority which the legislative power, w hen un- 
disputed, is quite competent to exert in composing conflict in the co- 
ordinate branches of the Government. 

An attentive consideration of the conditions under which the Federal 
Constitution and the acts of Congress provide or permit military inter- 
vention by the President in protection of a State against domestic vio- 
lence, has satisfied the President that the use of this authority in deter- 



LETTERS AND MESSAGES. 21 

mining or iuflnencing disputed elections in a State is most carefully to 
be avoided. Undoubtedly, as was held by the Supreme Court in the 
case of Luther vs. Borden, the appeal from a State may involve such 
an inquiry as to the lawfulness of the authority which invokes the 
interference of the President in supposed pursuance of the Constitu- 
tion. But it is equally true that neither the constitutional provision 
nor the acts of Congress were framed with any such design. Both 
ob\aously treated the case of domestic violence within a State as of 
outbreak against law and the authority of established government 
which the State was unable to supiiress by its own streugth. A case 
wherein every department of the State government has a disputed 
representation, and the State, therefore, furnishes to the Federal Gov- 
ernment no internal political recognition of authority upon which the 
Federal Executive can rely, will present a case of so much difficulty 
that it is of pressing importance to all interests in Louisiana that it 
should be avoided. A single Legislature would greatly relieve this 
difficulty, for that department of the State government is named by the 
Constitution as the necessary applicant, when it can be convened, for 
military intervention by the United States. 

If, therefore, the disputing interests can concur in or be reduced to a 
single Legislature for the State of Louisiana, it would be a great step in 
composing this unhappy strife. 

The President leaves entirely to the commission the conciliatory in- 
fluences which, in their judgment formed on the spot, may seem to 
conduce to the proposed end. His own determination that only public 
considerations should insi)ire and attend this effort to give the ascen- 
dency in Louisiana to the things that belong to peace, is evinced by 
his selection of commissioners who offer to the country, in their own 
character, every guarantee of the public motives and methods of the 
transactions which they have undertaken. Your report of the result 
of this endeavor will satisfy the President, he does not doubt, of the 
wisdom of his selection of and of his plenary trust in the commission. 

A second and less important subject of attention during your visit to 
New Orleans will be the collection of accurate and trustworthy informa- 
tion from the public officers and prominent citizens of all political connec- 
tions as to the State of public feeling and opinion in the community at 
large upon the general questions which affect the peaceful and safe exer- 
cise, within the State of Louisiana, of all legal and i^olitical rights, and 
the protection of all legal and political privileges conferred by the Con- 
stitution of the United States upon all citizens. The maintenance and 
protection of these rights and privileges, by all constitutional means, 



22 LETTERS AND MESSAGES. 

and by every just, moral, aud social influence, are the settled purpose 
of the President in his adniinistratiou of the Government. He will 
hope to learn from your investigations that this purpose will be aided 
and not resisted by tlie substantial and effective public opinion of the 
great body of the people of Louisiana. 

The President does not wish to impose any limit upon your stay in 
Louisiana that would tend to defeat the full objects of your \isit. He 
is, however, extremely desirous to find it in his power, at the earliest 
day compatible w ith a safe exercise of that authority, to put an end to 
even the appearance of military intervention in the domestic affairs of 
Louisiana, and he awaits your return with a confident hope that your 
report will enable him promptly to execute a purpose he has so much at 
heart. 

The President desires me to add, that the publication of the results 
of your visit he shall hope to make immediately after their communi- 
cation to him. 

I have the honor to be, with great respect, your obedient servant, 

WM. M. EYARTS. 

To the Honorables Charles B. Lawkence, Joseph R. Hawley, 
John M. Haklan, John C. Brown, and Wayne MacYeagh, Com- 
missioners. 



EXECUTIVE ORDER 



IN RELATION TO 



MILITAEY INTEEYENTION OP THE GENEEAL GOVEENMENT IN THE 
APFAIES OP THE STATE OP LOUISIANA. 



APRIL 90, 1877. 



EXECUTIVE ORDER. 



Executive Mansion, Washington, Ajwil 20, 1877. 

Sir : Prior to my entering upon the duties of the Presidency there 
had been stationed by order of my predecessor in the immediate vicin- 
ity of the buikling- used as a State-house iu jS'ew Orleans, La., and 
known as Mechanics' Institute, a detachment of United States infantry. 
Finding- them in that phice, I have thought proper to delay a decision 
of the question of their removal until I could determine whether the 
condition of affairs is now such as to either require or justify continued 
military intervention of the National Government in the affairs of the 
State. 

In my opinion there does not now exist in Louisiana such domestic 
violence as is contemplated by the Constitution as the ground upon 
which the military power of the IS^ational Government may be invoked 
for the defence of the State. The disputes which exist as to the right 
of certain claimants to the chief executive office of that State are to 
be settled and determined, not by the Executive of the United States, 
but by such orderly and peaceable methods as may be provided by the 
constitution and the laws of the State. Having the assurance that no 
resort to violence is contemplated, but, on the contrary, the disputes 
in question, are to be settled by peaceful methods, under and in ac- 
cordance with law, I deem it proper to take action in accordance with 
the principles announced when I entered upon the duties of the Presi- 
dency. 

You are therefore directed to see that the jjroper orders are issued 
for the removal of said troops at an early date from their present posi- 
tion to such regular barracks in the vicinity as may be selected for their 
occupation. 

E. B. HAYES. 

To the Hon. Geo. W. McCrary, 

Secretary of War. 



R E ¥> O R T 



LOUISIANA COMMISSION 

APRIL 24., 1877. 



REPORT OF THE LOUISIANA COMMISSION. 



New Orleans, Ajyril 24, 1877. 
To the President of the United States : 

Sir : In accordance with your request the undersigned have visited 
this city and i)assed the hist sixteen days in ascertaining the political 
situation of Louisiana, arjd endeavoring to bring about a peaceful solu- 
tion of its difficulties. In view of the declaration in the letter of the 
Secretary of State, that we should direct our efforts to the end of 
securing the recognition of a single Legislature as the depositary of 
the representative vnll of the people of Louisiana, leaving, if necessary, 
to the judicial or other constitutional arbitrament within the State the 
question of the ultimate right, and in view of your determination to 
withdraw the troops of the United States to their barracks as soon as 
it could be done without endangering the peace, we addressed ourselves 
to the task of securing a common Legislature and undisputed authority 
competent to compose the existing political contentions and preserve 
peace without any aid from the National Government. To this end we 
endeavored to assuage the bitterness and animosity we found existing 
on both sides, so as to secure public opinion less unfavorable to such 
concessions as were indispensable to our success in obtaining such 
Legislature, and such general acquiescence in its authority as would 
insure social order. We have had full conferences with two gentlemen 
who claim the gubernatorial office, and with many members of their 
respective governments in their executive, judicial, and legislative 
departments. We have also conversed very freely with large delega- 
tions of men of business, with many of the district judges, and with 
hundreds of prominent citizens of all parties and races, representing 
not only this city but almost every i^arish in the State. We have also 
received many printed and written statements of fact and legaf argu- 
ment, and every person with whom we came in contact has shown an 
earnest desire to give us all possible information bearing on the unfor- 
tunate political divisions in the State. 

The actual condition of affairs on our arrival in this city may be 
briefly stated as follows : Governor Packard (we shall speak of both 
gentlemen by the title they claim) was at the State-house with his 



30 LETTERS AND MESSAGES. 

Legislature and friends and armed police force. As there was no quo- 
rum in tlie Senate, even upon his own theory of law, his Legislature 
was necessarily inactive. The supreme court, which recognized his 
authority, had not attempted to transact any business since it was dis- 
possessed of its court-room and the custody of its records on the 9th 
day of January, 1877. He had no organization of the militia, alleging 
that his deficiency in that respect was owing to the obedience to the 
orders of President Grant to take no steps to change the relative posi- 
tion of himself and Governor Mcholls. His main chance was upon 
the alleged legal title, claiming that it was the constitutional duty of 
the President to recognize it, and to afford him such military assistance 
as might be necessary to enable him to assert his authority as Governor. 
Governor NichoUs was occupying Odd Fellows' Hall as a State-house. 
His Legislature met there, and was actively engaged in business of 
legislation. All the departments of the city government of New Orleans 
recognized his authority. The supreme court, nominated by him, and 
confirmed by the Senate, was holding daily sessions, and had heard 
about two hundred cases. The time for the collection of taxes had not 
arrived, but considerable sums of money, in the form of taxes, had 
been voluntarily paid into his treasury, out of which he was defraying 
the ordinary expenses of the State government. The Nicholls Legisla- 
ture had a quorum in the Senate upon either the Nicholls or Packard 
theory of law, and a quorum in the House on the Nicholls, but not on 
the Packard theory. The Packard Legislature had a quorum in the 
House on its own theory of law, but, as already stated, not in the Sen- 
ate, and was thus disabled from any legislation that would be valid 
even in the judgment of its own party. The commission found it to be 
very difficult to ascertain the precise extent to which the respective 
governments were acknowledged in the various parishes outside of 
New Orleans ; but it is safe to say that the changes which had taken 
place in parishes after the organization of the two governments, January 
9, 1877, were in favor of the Nicholls government. The claim to the 
legality of the supreme court, composed of Chief Justice Manning and 
his associates, who were nominated by Governor Nicholls, and con- 
firmed by his Senate, rests upon the same basis as the title of Governor 
Nicholls and his Senate. The claim to tlie legality of the supreme 
court, composed of Chief Justice Ludehng and his associates, rests 
either upon their right to hold over in case the Nicholls court is illegal, 
or upon the legality of the Kellogg-Packard Senate, which confirmed 
the judges upon the nomination of Governor Kellogg, and while it had 
a returning-board quorum. We have briefly sketched the actual posi- 
tion as w^e found it. 



LETTERS AND MESSAGES. 31 



THE LEGAL STATUS. 



We will now state the legal question ui)on which the right of these 
respective governments dei)ends. The constitution of the State of Lou- 
isiana requires that the " returns of all elections for members of the 
General Assembly shall be made to the Secretary of State." It also 
l^rovides that "qualified electors shall vote for Governor and Lieuten- 
ant-Governor at the time and place of voting for Eepresentatives. The 
returns of every election shall be sealed up and transmitted by the 
proper returning officers to the Secretary of State, who shall deliver 
them to the Speaker of the House of Eepresentatives on the second 
day of the General Assembly then to be holden. Members of the Gen- 
eral Assembly shall meet in the House of Representatives and examine 
and count the votes." It will be observed that this i^rovision of the 
Constitution requires the returns of votes for Governor and Lieuten- 
ant-Governor to be sealed up and transmitted by the proper return- 
ing officers to the Secretary of State, and the same provision is made, 
in substance, as to members of the General Assembly; but, in 1870, 
the Legislature passed an act, amended in 1872, which created a body 
called the returning board, consisting of five members, to be appointed 
by the Senate, and to be returning officers for all elections in the State. 
The act provides that " the commissioners of election, at each poll or 
voting-place, shall count the votes, making the list of names of all 
persons voted for and the officers for which the votes were given, num- 
ber of votes received by each, number of ballots contained in the box, 
and the number rejected, and reasons therefor, and to make dnplicates 
of such lists, and send one to the supervisor of registration of the par- 
ish of Orleans and one to the Secretary of State." The law further 
requires the supervisors of registration to consolidate the returns re- 
ceived from the different polling-places and forward them, with the 
originals, to the returning board. The act further provides "that if 
there shall be any riot, tumult, acts of violence, intimidation, and dis- 
turbance, bribery or corrupt influences at any places within said parish, 
at or ]iear any poll or voting-i)lace, or places of registration or revision 
of registration, which riot, tumult, acts of violence, intimidation, and 
disturbance, bribery or corrupt influences, shall i^revent or tend to pre- 
vent a fair, free, peaceable, and full vote of all qualified electors, it shall 
be the dutj^ of the commissioners to make a statement of such facts 
and forward the same to the supervisor of registration with his returns 
of election, and the supervisors of registration shall forward the same 
to the returning board." The returning board is required to investi- 
gate statements of intimidation, and to exclude from the returns, which 



32 LETTERS AND MESSAGES. 

it makes to the Secretary of State, the returns received by it from 
those polls or votiug-places where a fair election has been prevented 
by the causes above named. The same law further declares — 

" It shall be the duty of the Secretary of State to transmit to the 
clerk of the House of Eepresentatives, and to the secretary of the Sen- 
ate of the last General Assembly, a list of tlie names of such persons 
as, according to the returns, shall have been elected to either branch 
of the General Assembly; and it shall be the duty of the clerk and 
secretary to place the names of Eepresentatives and Senators elect 
upon the roll of the House and Senate respectively, and those Rep- 
resentatives and Senators whose names are so placed by the clerk 
and secretary respectively, in accordance with the foregoing provisions, 
and none other, shall be competent to organize the House of Repre- 
sentatives or Senate." 

It is claimed by the counsel for the Nicholls government that this 
act, so far as it interposes the returning board exercising those powers 
of exclusion between the parish supervisor of registration, with his 
consolidated report, and the Secretary of State, is, when applied to the 
election of members of the General Assembly, of Governor, and Lieu- 
tenant-Governor, a plain violation of those provisions of the constitu- 
tion of Louisiana which say the returns of all elections for members of 
the General Assembly shall be made to the Secretary of State; and, 
in reference to Governor and Lieutenant-Governor, the returns of every 
election " shall be sealed up and transmitted by the proper returning 
officers to the Secretary of State," who shall deliver them to the Speaker 
of the House of Representatives. On the other hand, it is insisted by 
the counsel for the Packard government that the Legislature has power 
to create this returning board and give it the authority with which the 
act clothes it. It is also claimed by them that the constitutionality of 
the act has been settled by tbe supreme court of the State, but the 
Nicbolls party denied that the question was decided by the supreme 
court in a manner that could be considered authoritative. It should be 
further stated that it was not claimed by the counsel for Governor 
Kicholls tliat the Legislature could not create a returning board and 
clothe it with these powers in regard to the appointment of the Presi- 
dential electors, since the provisions of the State constitution on which 
they rely relate only to the election of members of the Legislature, of 
Governor, and Lieutenant-Governor. We quote the following sentence 
from one of their printed arguments: 

"Indeed, as to Presidential electors, the mode of their appointment 
is, by the Constitution of the United States, left to the discretion of the 
Legislature of the State, therefore the General Assembly of Louisiana 
might create any tribunal whatever and confide the appointment of 
electors for President and Vice-President to it; consequently it may 



LETTERS AND MESSAGES. , 33 

properly authorize such a tribunal in the case of the election of Presi- 
dential electors by the peoj^le to count the votes and decide and declare 
who were entitled to seats in the electoral college." 

As matters stood on our arrival here the legal title of the respective 
claimants to the office of Governor depended upon the question we have 
stated. There was no judicial tribunal acknowledged to be authori- 
tative by both parties by which it could be solved for reasons already 
given. The only hope of a practical solution was by the union of so 
many members of the rival Legislatures as would make a Legislature 
with a constitutional quorum, in both Senate and House, of members 
whose title to seats is valid under either view of the law. With a 
Legislature of undisputed authority the settlement of other questions 
could, as stated in the letter of instruction to our commission from tlie 
Secretary of State, be gradually worked out by the prevalent authority 
which legislative power, when undisputed, is quite competent to exert 
in composing conflicts in co-ordinate branches of the Government. 
Within the last three days this first great step in restoring peace to the 
State has been accomi)lished. In consequence of a withdrawal of mem- 
bers from the Packard to the Nicholls Legislature the latter body has 
noAV eighty-seven returning-board members in the House and thirty- 
two in the Senate. Sixty-one members constitute a constitutional 
quorum in the House and nineteen in the Senate. 

CONCLUSIONS OF THE COMMISSION. 

It is proper that we should say in conclusion, that it was in view of 
the foregoing facts, especially the consolidation of the Legislatures and 
our knowledge of the condition of Louisiana, derived from personal 
contact with the people, that we were induced to suggest, in our tel- 
egram of tho 20th instant, that the inmiediate announcement of the 
time when the troops would be withdrawn to their barracks would be 
better for the x>eace of Louisiana than to postpone such announcement 
to some distant day. The commissioners, holding various shades of 
political belief, caunot well concur in any sketch of the past or probable 
future of Louisiana. We have foreborne in this report to express any 
opinion on the legal questions arising upon the foregoing statement of 
facts, because our letter of instructions seemed to call for a statement 
of facts rather than an expression of opinion by the commissioners. 
We all, however, indulge in confident hopes of better days for all races 
in Louisiana. Among the reasons for these hopes are the resolutions 
of the Nicholls Legislature and the letter of Governor Xicholls, here- 
with submitted, and which has already been given to the public. 
3 



34 LETTERS AND MESSAGES. 

With an earnest hope that the adjustment which has been made of 
the political controversies of Louisiana will be of lasting benefit to that 
State, and be approved by the patriotic people of all sections, we have 
the honor to be, your obedient servants, 

CHARLES B. LAWRENCE. 

JOSEPH R. HAWLEY. 

JOHN M. HARLAN. 

JOHN C. BROWN. 

WAYNE MacVEAGH. 



(I 



i 



PROCLAMATION 



CONVENING 



THE TWO HOUSES OF CONGRESS. 



MAY 5, 1877. 



PROCLAMATION. 



BY THE PEESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

Whereas the final adjournment of the Forty- fourth Congress without 
making the usual appropriations for the support of the Army for the 
fiscal year ending June 30, 1878, presents an extraordinary occasion 
requiring the President to exercise the power vested in him by the 
Constitution to convene the Houses of Congress in anticipation of the 
day fixed hj law for their next meeting: 

ISTow, therefore, I, Rutherford B. Hayes, President of the United 
States, do, by virtue of the power to this end in me vested by the Con- 
stitution, convene both Houses of Congress to assemble at their re- 
spective chambers at 12 o'clock noon on Monday, the fifteenth day of 
October next, then and there to consider and determine such measures 
as, in their wisdom, their duty and the welfare of the people may seem 
to demand. 

In witness whereof I have hereunto set my hand, and caused the 

seal of the United States to be afiixed. 

Done at the city of Washington this fifth day of May, in the year of 

our Lord one thousand eight hundred and seventy-seven, and 

[seal.] of the Independence of the United States of America the one 

hundred and first. 

R. B. HAYES. 
By the President : 

Wm. M. Evaets, 

Secretary of State. 



LETTEH 



ON 



THE CONDUCT TO BE OBSEEVED BY OPFIOERS OP THE GENERAL 
GOVERNMENT IN RELATION TO ELECTIONS. 

MAY 26, 1877. 



LETTER. 



Executive Mansion, 

Washington, May 26, 1877. 

My dear SIR: I have read the partial report of the Commission 
appointed to examine the New Yorli custom-house. I concur with the 
Commission in their recommendations. It is my wish that the collec- 
•tion of the revenues should be free from partisan control, and organized 
on a strictly business basis, with the same guarantees for efficiency and 
fidelity in the selection of the chief and subordinate officers that would 
be required by a prudent merchant. Party leaders should have no 
more influence in appointments than other equally respectable citizens. 
No assessment for political purposes, on officers or subordinates, should 
be allowed. No useless officer or employe should be retained. No 
officer should be required or permitted to take part in the manage- 
ment of political organizations, caucuses, conventions, or election cam- 
paigns. Their right to vote, and to express their views on public 
questions, either orally or through the press, is not denied, provided it 
does not interfere with the discharge of their official duties. 

Eespectfully, 

R. B. HAYES. 

Hon. John Sherman, &c. 



EXECUTIVE ORDER, 



No. 1. 



JUNE 22, 1877. 



EXECUTIVE ORDER, 



ExECUTiATE Mansion, 

Washington, June 22, 1877. 

Sir: I desire to call your attention to the following paragraph in a 
letter addressed by me to the Secretary of the Treasury, on the conduct 
to be observed by officers of the General G-overniuent in relation to the 
elections : 

" iSTo officer should be required or permitted to take part in the man- 
agement of political organizations, caucuses, conventions, or election 
campaigns. Their right to vote and to express their views on public 
(juestious, either orally or through the press, is not denied, provided it 
does not interfere with the discharge of their official duties. No assess- 
ment for political purposes, on officers or subordinates, should be 
allowed." 

This rule is applicable to every department of tbe civil service. It 
should be understood by every officer of the General Government that 
he is expected to conform his conduct to its requirements. 

Very respectfully, 

R. B. HAYES. 
To the . 



PROCLAMATION. 
RAILROAD RIOT IN WEST VIRGINIA. 

JULY 18, 1877. 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

Whereas it is provided in the Constitutiou of the United States that 
the United States shall protect every State in this Union, on application 
of the Legislature, or of the Executive, (when the Legislature cannot be 
convened,) against domestic violence ; 

And whereas the Governor of the State of West Virginia has repre- 
sented that domestic violence exists in said State, at Martinshurg, and 
at various other ])oints along the line of the Baltimore and Ohio Rail- 
road, in said State, which the authorities of said State are unable to 
suppress ; 

And whereas the laws of the United States require that in all cases 
of insurrection in any State or of obstruction to the laws thereof, when- 
ever it may be necessary, in the judgment of the President, he shall 
forthwith, by proclamation, command such insurgents to disperse and 
retire peaceably to their respective abodes within a limited time: 

Now, therefore, I, Rutherford B. Hayes, President of the United 
States, do hereby admonish all good citizens of the United States, and 
all persons within the territory and jurisdiction of the United States, 
against aiding, countenancing, abetting, or taking part in such unlawful 
proceedings ; and I do hereby warn all persons engaged in or connected 
with said domestic violence and obstruction of the laws to disperse and 
retire peaceably to their respective abodes on or before twelve o'clock 
noon of the 19th day of July instant. 

In testimony whereof I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this eighteenth day of July, in the 

year of our Lord one thousand eight hundred and seventy- 

[SEAL.] seven, and of the Independence of the United States of 

America the one hundred and second. 

R. B. HAYES. 

By the President : 

F. W. Seward, 

Actimi Secretory of State. 



PROCLAMATION. 
RAILROAD RIOT IN MARYLAND. 

JULY ^1, 1877. 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

Wliereas it is provided in the Constitution of the United States that 
the United States shall protect every State in this Union, on application 
of the Legislature, or of the Executive, (when the Legislature cannot be 
convened,) against domestic violence ; 

And whereas the Governor of the State of Maryland has represented 
that domestic violence exists in said State, at Cumberland, and along 
the Hue of the Baltimore and Ohio Railroad, in said State, which the 
authorities of said State are unable to suppress; 

And whereas the laws of the United States require that in all cases 
of insurrection in any State or of obstruction to the laws thereof, when- 
ever in the judgment of the President it becomes necessary to use the 
military forces to suppress such insurrection or obstruction to the laws, 
he shall forthwith, by proclamation, command such insurgents to dis- 
perse and retire peaceably to their respective abodes within a limited 
time : 

Now, therefore, I, Rutherford B. Hayes, President of the United 
States, do hereby admonish all good citizens of the United States, and 
all persons within the territory and jurisdiction of the United States, 
against aiding, countenancing, abetting, or taking part in such unlawful 
proceedings; and I do hereby warn all persons engaged in or connected 
with said domestic violence and obstruction of the laws to disperse and 
retire peaceably to their respective abodes on or before noon of the 
twenty-second day of July instant. 

In testimony whereof I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this twenty-first day of July, in the 

year of our Lord one thousand eight hundred and seventy- 

fsEAL.] seven, and of the Independence of the United States of 

America the one hundred and second. 

R. B. HAYES. 
By the President: 

Wm. M. Evarts, 

Secretary of State. 



PROCLAMATION. 

RAILROAD RIOT IN PENNSYLVANIA. 

JULY 23, 1877. 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A PEOCLAMATIOK 

Whereas it is provided iu the Constitution of the United States that 
the United States shall protect everj^ State in this Union, on application 
of the Legislature, or of the Executive, (when the Legislature cannot be 
convened,) against domestic violence; 

And whereas the Governor of the State of Pennsylvania has repre- 
sented that domestic violence exists in said State which the authorities 
of said State are unable to suppress; 

Anil whereas the laws of the United States require that in all cases 
of insurrection in any State or of obstruction to the laws thereof, when- 
ever in the judgment of the President it becomes necessary to use the 
military forces to suppress such insurrection or obstruction to the laws, 
he shall forthwith, by proclamation, command such insurgents to dis- 
perse and retire peaceably to their respective abodes within a limited 
time: 

Now, therefore, I, Rutherford B. Hayes, President of the United 
States, do hereby admonish all good citizens of the United States, and 
all persons within the territory and jurisdiction of the United States, 
against aiding, countenancing, abetting, or taking part in such unlawful 
proceedings ; and I do hereby warn all persons engaged in or connected 
with said domestic ^dolence and obstruction of the laws to disperse 
and retire peaceably to their respective abodes on or before twelve 
o'clock noon of the 24th day of July instant. 

In testimony whereof I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this twenty-third day of July, in the 
year of our Lord one thousand eight hundred and seventy- 
[SEAL.] seven, and of the Independence of the United States of 
America the one hundred and second. 

R. B. HAYES. 

By the President : 
Wm. M. Evarts, 

Secretary of State. 



IMESS^GE 



TWO HOUSES OF OONGKESS AT THE COMMENCEMENT OF THE FIKST 
SESSION OF THE FORTY-FIFTH CONGRESS. 

OCTOBER 1,5, 1877. 



MESSAGE 



Fellow-Citizens of the Senate 

AND House of Eepresentatives : 

The adjournment of the last Congress, without making appropria- 
tions for the support of the Armj' for the present fiscal year, has ren- 
dered necessary a suspension of payments to the officers and men of 
the sums due them for services rendered after the 30th day of June 
last. The Army exists by virtue of statutes which prescribe its num- 
bers, regulate its organization and employment, and which fix the pay 
of its ofiBcers and men, and declare thek riglit to receive the same at 
stated periods. These statutes, however, do not authorize the payment 
of the troops in the absence of specific appropriations therefor. The 
Constitution has wisely provided that "no money shall be drawn from 
the Treasury but in consequence of appropriations made by law;" and 
it has also been declared by statute that "no department of the Gov- 
ernment shall expend in any one fiscal year any sum in excess of appro- 
- priations made by Congress for that fiscal year." We have, therefore, 
an Army in service, authorized by law and entitled to be paid, but no 
funds available for that purpose. It may also be said, as an additional 
incentive to prompt action by Congress, that, since the commencement 
of the fiscal year, the Army, though without pay, lias been constantly 
and actively employed in arduous and dangerous service, in the per- 
formance of which both officers and men have discharged their duty 
with fidelity and courage, and without complaint. These circum- 
stances, in my judgment, constitute an extraordinary occasion, re- 
quiring that Congress be convened in advance of the time prescribed 
by law for your meeting in regular session. The importance of speedy 
action upon this subject on the part of Congress, is so manifest, that I 
venture to suggest the propriety of making the necessary appropria- 
tions for the support of the Army for the current year, at its present 
maximum numerical strength of twenty-five thousand men; leaving for 
future consideration all questions relating to an increase or decrease 
of the number of enlisted men. In the event of the reduction of the 
Army by subsequent legislation during the fiscal year, the excess of the 
appropriation could not be expended ; and in the event of its enlarge- 
ment, the additional sum required for the payment of the extra force 



62 LETTEES AND MESSAGES. 

coiild be provided in due time. It would be unjust to the troops now 
in service, and whose pay is already largely in arrears, if payment to 
them should be further postponed until after Congress shall have con- 
sidered all the questions likely to arise in the eifort to fix the proper 
limit to the strength of the Army. 

Estimates of appropriations for the support of the military establish- 
ment for the fiscal year ending June 30, 1878, were transmitted to Con- 
gress by the fornier Secretary of the Treasury at the opening of its 
session in December last. These estimates, modified by the present 
Secretary so as to conform to present requirements, are noAv renewed — 
amounting to $32,436,704.98 — and, having been transmitted to both 
Houses of Congress, are submitted for your consideration. 

There is also required by the Xavy Department 82,003,801.27. This 
sum is made up of $1,446,688.10 due to officers and enlisted men for 
the last quarter of the last fiscal year ; $311,953.50 due for advances 
made by the fiscal agent of the Government in London for the support 
of the foreign service ; $50,000 due to the Naval-Hospital fund ; $150,000 
due for arrearages of pay to officers; and $45,219.58 for the support 
of the Marine Corps. 

There will also be needed an appropriation of $262,535.22 to defray 
the unsettled expenses of the United States courts for the fiscal year 
ending June 30, last, now .due to attorneys, clerks, commissioners, and 
marshals, and for rent of court-rooms, the support of prisoners, and 
other deficiencies. 

A part of the building of the Interior Department was destroyed by 
fire on the 24th of last month. Some immediate repairs and temporary 
structures have in consequence become necessary, estimates for which 
will be transmitted to Congress immediately, and an appropriation of 
the requisite funds is respectfully recommended. 

The Secretary of the Treasury will communicate to Congress, in con- 
nection with the estimates for the appropriations for the support of the 
Army for the current fiscal year, estimates for such other deficiencies 
in the different branches of the public service as require immediate 
action, and cannot, without inconvenience, be postponed until the regu- 
lar session. 

I take this opportunity, also, to invite your attention to the propriety 
of adopting at your present session the necessary legislation to enable 
the people of the United States to participate in the advantages of the 
International Exhibition of Agriculture, Industry, and the Fine Arts, 
which is to be held at Paris in 1878, and in which this Government has 
been invited by the Government of France to take part. 



LETTERS AND MESSAGES. 63 

This invitation was communicated to this Government in May, 1876,. 
by the Minister of France at this Capital, and a copy thereof was sub- 
mitted to the proper committees of Congress at its last session, but no 
action was taken upon the subject. 

The Department of State has received many letters from various 
parts of the country expressing a desire to participate in the Exhibi- 
tion, and numerous applications of a similar nature have also been 
made at the United States Legation at Paris. 

The Department of State has also received official advice of the strong 
desire on the part of the French. Government that the United States 
should participate in this enterprise, and space has hitherto been, and 
still is, reserved in the Exhibition buildings for the use of exhibitors 
from the United States, to the exclusion of other parties who have been 
applicants therefor. 

In order that our industries may be properly represented at the Exhi- 
bition, an apju-opriation will be needed for the payment of salaries and 
expenses of commissioners for the transportation of goods, and for other 
l)urposes in connection with the object in view, and as May next is the 
time fixed for the opening of the Exhibition, if our citizens are to share 
the advantages of this international competition for the trade of other 
nations, the necessity of immediate action is apparent. 

To enable the United States to co-operate in the International Exhi- 
bition which was held at Vienna in 1873, Congress then passed a joint 
resolution making an api^ropriation of two hundred thousand dollars,, 
and authorizing the President to appoint a certain number of practical 
artisans and scientific men who should attend the Exhibition and report 
their proceedings and observations to him. Provision was also made 
for the appointment of a number of honorary commissioners. 

I have felt that prompt action by Congress in accepting the invita- 
tion of the Government of France is of so much interest to the people 
of this country, and so suitable to the cordial relations between the 
Governments of the two countries, that the subject might properly be 
presented for attention at your present session. 

The Government of Sweden and Xorway has addressed an official in- 
vitation to this Government to take part in the International Prison 
Congress, to be held at Stockholm next year. The problem which the 
congress proposes to study — how to diminish crime — is one in which 
all civilized nations have an interest in common ; and the congress of 
Stockholm seems likely to prove the most important convention ever 
held for the study of this grave question. Under authority of a joint 
resolution of Congress, approved February 16, 1875, a commissioner 



64 LETTERS AXD MESSAGES. 

was appointed by my predecessor to represent the United States npou 
that occasion, and the prison congress having been, at the earnest de- 
sire of the Swedisli Government, i^ostponed to 1878, his commission was 
renewed by me. An appropriation of eight thousand dollars was made 
in the sundry civil-service act of 1875 to meet the expenses of the com- 
missioner. I recommend the reapproi^riation of that sum for the same 
purpose, the former appropriation having been covered into theTreasury, 
and being no longer available for the purpose without further action by 
Congress. The subject is brought to your attention at this time in view 
of cii'cumstances which render it highly desirable that the commissioner 
should proceed to the discharge of his important duties immediately. 

As the several acts of Congress providing for detailed reports from 
the different departments of the Government, require their submission 
at the beginning of the regular annual session, I defer until that time 
any further reference to subjects of public interest. 

E. B. HAYES. 

Washington, October 15, 1877. 



THANKSGIVING PROCLAMATION. 



0(rroBKR 49, 1877 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A proclamations". 

The completed circle of summer and winter, seed-time and harvest, 
has brought us to the accustomed season at which a religious people 
celebrates with praise and thanksgiving the enduring mercy of Almightj' 
God. This devout and public confession of the constant dependence of 
man upon the Divine favor for all the good gifts of life and health, and 
peace and happiness, so early in our history made the habit of our 
people, finds in the sm^vey of the past year new grounds for its joyful 
and grateful manifestation. 

In all the blessings which depend upon benignant seasons this has 
indeed been a memorable year. Over the wide territory of our country, 
with all its diversity of soil and climate and products, the earth has 
yielded a bountiful return to the labor of the husl tandman. The health 
of the people has l>een blighted by no prevalent or wide-spread diseases, 
No great disasters of shipwreck upon our coasts, or to our commerce 
on the seas, have brought loss and hardship to merchants or mariners, 
and clouded the happiness of the community with sympathetic sorrow. 

In all that concerns our strength and peace and greatness as a Nation ; 
in all that touches the permanence and security of our Government, and 
the beneficent institutions on which it rests ; in all that aftects the 
character and dispositions of our people, and tests our capacity to enjoy 
and uphold the equal and free condition of society, now permanent and 
universal throughout the land, the experience of the last year is con- 
spicuously marked by the protecting providence of God, and is fuU of 
promise and hope for the coming generations. 

Under a sense of these infinite obligations to the great Ruler of times 
and seasons and events, let us humbly ascribe it to our own faults and 
frailties if, in any degree, that perfect concord and happiness, peace and 
justice, which such great mercies should diffuse through the hearts and 
lives of our people, do not altogether and always and everywhere pre- 
vail. Let us with one spirit and with one voice lift up praise and 
thanksgiving to God for his manifold goodness to our land, his manifest 
care for our Nation. 



68 LETTERS AXD MESSAGES. 

Now, therefore, I, Rutherford B. Hayes, President of the United 
States, do appoint Thursday, the twenty-ninth day of November next, 
as a Day of National Thanksgiving and Prayer ; and I earnestly recom- 
mend that, withdrawing themselves from secular cares and labors, the 
people of the United States do meet together on that day in their re- 
spective places of worship, there to give thanks and praise to Almighty 
God for his mercies, and to devoutly beseech their continuance. 

In witness whereof I have hereunto set my hand, and caused the seal 
of the United States to be affixed. 

Done at the city of Washington this twent3'-uinth day of October, in 
the year of our Lord one thousand eight hundred and seventy- 
TsEAL.] seven, and of the Independence of the United States the one 
hundred and second. 

R. B. HAYES. 
By the President : 

Wm. M. Evarts, 

Secretary of State. 



EXECUTIVE ORDER. 

DEATH OF SENATOR OLIVER R MORTON, 

NOVEMBKR 2, 1877. 



EXECUTIVE ORDER. 



Executive Mansion, 
Washington, D. C, November 2, 1877. 

I lament the sad occasion which makes it my duty to testify the public 
respect for the eminent citizen and distinguished statesman whose death 
yesterday, at his home in Indianapolis, has been made known to the 
people by telegraphic announcement. 

The services ot Oliver P. Morton to the Xation in the difficult and 
responsible administration of the affairs of the State of Indiana, as its 
Governor, at a critical juncture of the civil war, can never be over- 
valued by his countrymen. His long service in the Senate has shown 
his great powers as a legislator, and as a leader and chief counsellor of 
the political party charged with the conduct of the Government during 
that period. 

In all things and at all times lie has been able, strenuous, and faithful 
in the public service, and his fame with his countrymen rests upon secure 
foundations. 

The several Executive Departments will be closed on the day of his 
funeral, and appropriate honors should be paid to the memory of the 
deceased statesman by the whole Nation. 

R. B. HAYES. 



IVTESS^OE 



TWO HOUSES or OONGEESS AT THE COMMENCEMENT OF THE SECOND 
SESSION OF THE FORTY-FIFTH CONGEESS. 

DECEMBER 3, 1877- 



MESSAGE. 



lELLOW-ClTlZENS OF THE SENATE 

AND House of Eepresentatiyes : 

With devout gratitude to the bountiful Giver of all good, I congratu- 
late you that, at the beginning of your first regular session, you find 
our country blessed with health and peace and abundant harvests, and 
with encouraging prospects of an early return of general prosperity. 

To complete and make permanent the pacification of the country 
continues to be, and, until it is fully accomplished, must renuiin, the 
most important of all our national interests. The earnest purpose of 
good citizens generally, to unite their elforts in this endeavor, is evident. 
It found decided expression in the resolutions announced in 1876 by 
the national conventions of the leading political parties of the country. 
There was a wide-spread apprehension that the momentous results in 
our progress as a :N'atiou, marked by the recent amendments to the Con- 
stitution, were in imminent jeopardy; that the good understanding 
which prompted their adoption, in the interest of a loyal devotion to 
the general welfare, might prove a barren truce, and that the two sections 
of the country, once engaged in ci^dl strife, might be again almost as 
widely severed and disunited as they were when arrayed in arms against 
each other. 

The course to be pursued which in my judgment seemed wisest, in the 
presence of this emergency, was plainly indicated in my inaugural 
address. It pointed to the time which all our people desire to see, when 
a genuine love of our whole country, and of all that concerns its true 
welfare, shall supplant the destructive forces of the mutual animosity 
of races and of sectional hostility. Opinions have differed widely as 
to the measures best calculated to secure this great end. This was to 
be expected. The measures adopted by the Administration have been 
subjected to severe and varied criticism. Any course whatever which 
might have been entered upon would certainly have encountered distrust 
and opposition. These measures were, in my judgment, such as were 
most in harmony with the Constitution and with the genius of our peo- 
ple, and best adapted, under all the circumstances, to attain the end 
in view. Beneficent results, already apparent, prove that these endeavors 



7G LETTERS AND MESSAGES. 

are not to be regarded as a mere experiment, and sliould sustain and 
encourage us in our eftbrts. Already, in the brief i)eriod wliich has 
elapsed, the immediate effectiveness, no less than the justice of the 
course i)ursued, is demonstrated, and I have an abiding faith that time 
will furnish its ample vindication in the minds of the great majority of 
my fellow-citizens. The discontinuance of the use of the Army for the 
purpose of upholding local governments in two States of the Union 
was no less a constitutional duty and requirement, under the circum- 
stances existing- at the time, than it was a much-needed measure for the 
restoration of local self-government and the promotion of national har- 
mony. The withdrawal of the troops from such employment was 
effected deliberately, and with solicitous care for the peace ano. good 
order of society, and the protection of the property and persons and 
every right of all classes of citizens. 

The results that have followed are indeed signiflcant and encourag- 
ing. All apprehension of danger from remitting those States to local 
self-government is dispelled, and a most salutary change in the minds 
of the people has begun and is in progress in every part of that section 
of the country" once the theatre of unhapi)y civil strife, substituting for 
suspicion, distrust, and aversion, concord, friendship, and i)atriotic 
attachment to the Union, iso unprejudiced mind Avill deny that the 
terrible and often fatal collisions which for several years have been of 
frequent occurrence, and have agitated and alarmed the public mind, 
have almost entirely ceased, and that a spirit of mutual forbearance 
and hearty national interest has succeeded. There has been a general 
re-establishment of order, and of the orderly administration of justice; 
instances of remaining lawlessness have become of rare occurrence; 
political turmoil and turbulence have disappeared; useful industries 
have been resumed ; public credit in the Southern States has been greatly 
strengthened; and the encouraging benefits of a revival of commerce 
between the sections of the country lately embroiled in civil war are 
fully enjoyed. Such are some of the results already attained, upon 
which the country is to be congratulated. They are of such importance, 
that we may with confidence patiently await the desired consummation 
that will surely come with the natural progress of events. 

It may not be improper here to say that it should be our fixed and 
unalterable determination to protect, by all available and proper means, 
under the Constitution and the laws, the lately-enuincipated race in the 
enjoyment of their rights and privileges; and I urge upon those to 
whom heretofore the colored people have sustained the relation of bond- 
men, the wisdom and justice of humane and liberal local legislation 



LETTERS AND MESSAGES. 77 

with resi)e('t to their education and general welfare. A firm adherence 
to the laws, both National and State, as to the civil and political rights 
of the colored people, now advanced to full and equal citizenship; the 
immediate repression and sure punishment by the National and local 
authorities, within their respective jurisdictious, of every instance of 
lawlessn^iss and violence toward them, is required for the security alike 
of both races, and is justly demanded by the public opinion of the 
country and the age. In this way the restoration of harmony and good 
Avill, aud the complete protection of every citizen in the full enjoyment 
of every .constitutional right, will surely be attained. Whatever 
authority rests with me to this end, I shall not hesitate to put forth. 
Whatever belongs to the power of Congress and the jurisdiction of the 
courts of the Union, they may confidently be relied upon to provide 
and perform. And to the legislatures, the courts, and the executive 
authorities of the several States, I earnestly appeal to secure, by ade- 
quate, api)ropriate, and seasonable means, withiu their borders, these 
common and uniform rights of a united people which loves liberty,, 
abhors oppression, and reveres justice. These objects are very dear to 
my heart. I sliall continue most earnestly to strive for their attainments 
The cordial co-operation of all classes— of all sections of the country 
and of both races— is required for this purpose; and with these bless- 
ings assured, and not otherwise, we may safely hope to hand down our 
free institutions of government unimpaired to the generations that will 
succeed us. 

Among the other snlyects of great and general importance to the 
people of this country I cannot be mistaken, I think, in regarding as 
pre-eminent the policy and measures which are designed to secure the 
restoration of the currency to that normal aud healthful condition in 
which, by the resumption of specie payments, our internal trade and 
foreign commerce may be brought into harmony Avith the system of 
exchanges which is based upon the precious metals as the intrinsic 
money of the world. In the public judgment that this end should be 
sought and compassed as speedily and securely as the resources of the 
people and the wisdom of their Government can accomplish, there is a 
much greater degree of unanimity than is found to concur in the specific 
measures which will bring the country to this desired end, or the rapidity 
of the steps by which it can be safely reached. 

Upon a most anxious and deliberate examination which I have felt 
it my duty to give to the subject, I am but the more confirmed in the 
opinion which I expressed in accepting the nomination for the Presi- 
dency and again upon my inauguration, that the policy of resumption 



78 LETTERS AND MESSAGES. 

slioulcl he pursued by every suitable means, and that no legislation 
would be wise that should disparage the importance or retard the attain- 
ment of that result. I have no dis])osition, and certainly no right, to 
question the sincerity or the intelligence of opposing opinions, and 
would neither conceal nor undervalue the consideraljle difficulties, and 
even occasional distresses, which may attend the progress of the Xation 
towards this primary condition to its general and permanent prosperity. 
I must, however, adhere to my most earnest conviction that any waver- 
ing in purpose or unsteadiness in methods, so far from avoiding or 
reducing the inconvenience inseparable from the transition from an 
irredeemable to a redeemable paper currency, would only tend to in- 
creased and prolonged disturbance in values, and. unless retrieved, 
must end in serious disorder, dishonor, and disaster in the financial 
affairs of the Government and of the people. The mischiefs which I 
apprehend, and urgently dei)recate, are confined to no class of the peo- 
ple indeed, but seem to me most certainly to threaten the industrious 
masses, whether their occupations are of skilled or common labor. To 
them, it seems to me, it is of prime importance that their labor should 
be compensated in money which is itself fixed in exchangeable value 
by being irrevocably measured by the labor necessary to its produc- 
tion. Tliis permanent quality of the money of the people is souglit for, 
and can only be gained by the resumption of specie payments. The 
rich, the speculative, the operating, the money-dealing classes, may not 
always feel the mischiefs of, or may find casual profits in, a variable 
currency, but the misfortunes of such a currency to those who are paid 
salaries or wages are inevitable and remediless. 

Closely connected with this general subject of the resumption of specie 
payments, is one of subordinate, but still of grave importance — I mean 
the readjustment of our coinage system, by the renewal of the silver 
dollar, as an element in our specie currency, endowed by legislation 
with the quality of legal-tender to a greater or less extent. 

As there is no doubt of the power of Congress, under the Constitu- 
tion, "to coin money and regulate the value thereof," and as this power 
covers the whole range of authority applicable to the metal, the rated 
value, and the legal-tender quality which shall be adopted for the coin- 
age, the considerations which should induce or discourage a particular 
measure connected with the coinage belong clearly to the province of 
legislative discretion, and of pubhc expediency. AVithout intruding upon 
this i)rovince of legislation in the least, I have yet thought the subject 
of such critical importance in the actual condition of our affairs, as to 
present an occasion for the exercise of the duty imposed by the Consti- 



LETTERS AND MESSAGES. 79 

tutiou ou the President, of recommending to the consideration of Con- 
gress "such measures as he shall judge necessary- and expedient." 

Holding- the opinion, as I do, that neither the interests of the Gov- 
ernment nor of the people of the United States would be promoted by 
disparaging silver as one of the two precious metals which furnish the 
coinage of the world; and that legislation which looks to maintaining 
the volume of intrinsic money to as full a measure of both metals as 
their relative commercial values will permit, would be neither unjust 
nor inexpedient, I must ask your indulgence to a brief and definite 
statement of certain essential features in any such legislative measure 
which I feel it my duty to recommend. 

I do not propose to enter the debate, represented ou both sides by 
such able disputants in Congress and before the people and in the 
press, as to the extent to which the legislation of any one nation can 
control this question, even within its own borders, against the unwrit- 
ten laws of trade, or the positive laws of other governments. The wis- 
dom of Congress, in shaping any particular law that may be presented 
for my approval, may wholly supersede the necessity of my entering 
into these considerations, and I willingly avoid either vague or intricate 
inquiries. It is only certain plain and practical traits of such legisla- 
tion that I desire to recommend to your attention. 

In any legislation providing for a silver coinage, regulating its value 
and imparting to it the quality of legal -tender, it seems to me of great 
importance that Congress should not lose sight of its action as operat- 
ing in a twofold capacity, and in two distinct directions. If the United 
States Government were free from a public debt, its legislative dealing 
with the question of silver coinage would be purely sovereign and gov- 
ernmental, under no restraints but those of constitutional power and 
the public good as affected by the proposed legislation. But, in the 
actual circumstances of the Nation, with a vast public debt distributed 
xery widely among our own citizens, and held in great amounts also 
abroad, the nature of the silver-coinage measure, as aifecting this rela- 
tion if the Government to the holders of the public debt, becomes an 
element, in any pro[)Osed legislation, of the highest concern. The obli- 
gation of the public faith transcends all questions of profit or public 
advantage otherwise. Its unquestionable mainteaance is the dictate 
as well as of the highest expediency, as of the most" necessary duty, 
and will ever be carefully guarded by Congress and people alike. 

The public debt of the United States, to the amount of 8729,000,000, 
bears interest at the rate of six per cent., and $708,000,000 at the rate 
of five per cent., and the only way in which the country can be relieved 



80 LETTERS AND MESSAGES. 

from the payment of these high rates of interest is by advantageously 
refunding the indebtedness. Whether the debt is ultimately j)aid in 
gold or in silver coin is of but little moment compared with the possible 
reduction of interest one-third, by refunding it at such reduced rate. 
If the United States had the unquestioned right to pay its bonds in 
silver coin, the little benefit from that process would be greatly over- 
balanced by the injurious effect of such payment, if made or proposed 
against the honest convictions of the i)ublic creditors. All the bonds 
that have been issued since February 12, 1873, when gold became the 
only unlimited legal-tender metallic currency of the country, are justly 
payable in gold coin or in coin of equal value. During the time of these 
issues, the only dollar that could be or was received by the Govern- 
ment in exchange for bonds was the gold dollar. To require the public 
creditors to take, in repayment, any dollar of less commercial value, 
would be regarded by them as a repudiation of the full obligation 
assumed. The bonds issued prior to 1873 were issued at a time when 
the gold dollar was the only coin in circulation or contemplated by 
either the Government or the holders of the bonds as the coin in which 
they were to be i)aid. It is far better to pay these bonds in that coin 
than to seem to take advantage of the unforeseen fall in silver bullion 
to pay in a new issue of silver coin, thus made so much less valuable. 
The power of the United States to coin money and to regulate the value 
thereof ought never to be exercised for the purpose of enabling- the 
Government to pay its obligations in a coin of less value than that con- 
templated by the parties when the bonds were issued. Any attempt 
to pay the national indebtedness in a coinage of less commercial value 
than the money of the world, would involve a violation of the public 
faith, and work irreparable injury to the public credit. 

It was the great merit of the act of March, 1869, in strengthening- 
the |)ublic credit, that it removed all doubt as to the purpose of the 
United States to pay their bonded debt in coin. That act was accepted 
as a ])ledge of public faith. The Government has derived great benefit 
from it in the progress thus far made in refunding the public debt at 
low rates of interest. An adherence to the wise and just policy of an 
exact observance of the public faith will enable the Government rapidly 
to reduce the burden of interest on the national debt to an amount 
exceeding $20,000,000 per annum, and effect an aggregate saving to 
the United States of more than $300,000,000 before the bonds can be 
fully i)aid. 

In adapting the new silver coinage to the ordinary uses of currency 
in the every-day transactions of life and prescribing the quality of legal- 



LETTERS AND MESSAGES. 81 

tender to be assigned to it, a consideration of the first iniportaiice 
should be so to adjust the ratio between the silver and the gold coin- 
age, which now constitutes our specie currency, as to accomplish the 
desired end of maintaining the circulation of the two metallic currencies, 
and keei)ing up the volume of the two precious metals as our intrinsic 
money. It is a mixed question for scientific reasoning and historical 
experience to determine how far, and by what methods, a practical 
equilibrium can be maintained Avhich will keep both metals in circula- 
tion in their appropriate spheres of common use. An absolute equality 
of commercial value, free from disturbing fluctuations, is hardly attain- 
able, and without it an unlimited legal-tender for private transactions 
assigned to both metals would irresistibly tend to drive out of cinada- 
tion the dearer coinage, and disappoint the principal object proposed by 
the legislation in view. I apprehend, therefore, that the two conditions 
of a near approach to equality of commercial value between the gold 
and silver coinage of the same denomination, and of a limitation of the 
amounts for which the silver coinage is to be a legal-tender, are essen- 
tial to maintaining both in circulation. If these conditions can be suc- 
cessfully observed, the issue from the mint of silver dollars would afford 
material assistance to the community in the transition to redeemable 
paper money, and would fVicilitate the resumption of specie payment 
and its permanent establishment. Without these conditions, I fear that 
only mischief and misfortune would flow from a coinage of silver dol- 
lars with the quality of unlimited legal-tender, even in private trans- 
actions. 

Any expectation of temporary ease from an issue of silver coiuage to 
pass as a legal-tender, at a rate materially above its commercial value, 
is, I am persuaded, a delusion. Nor can I think that there is any sub- 
stantial distinction between an original issue of silver dollars at a nomi- 
nal value nuxterially above their commercial value, and the restoration 
of the silver dollar at a rate which once was, but has ceased to be, its 
commercial value. Certainly the issue of our gold coinage, reduced in 
weight materially below its legal-tender value, would not be any the 
less a present debasement of the coinage by reason of its equalling or 
even exceeding in weight a gold coinage which at some past time had 
been commercially etpial to the legal-tender value assigned to the new 

issue. 

In recommending that the regulation of any silver coinage which 
may be authorized by Congress should observe these conditions of 
commercial value and limited legal-tender, I am governed by the feel- 
ing that every possible increase should be given to the volume of 
G 



82 LETTERS AND MESSAGES. 

metallic money which can l)e kept in circulation, and thereby every 
possible aid afforded to the ]>eople in the process of resuming specie 
payments. It is because of my firm conviction that a disregard of these 
conditions would frustrate the good results which are desired from the 
proposed coinage, and embarrass with new elements of confusion and 
uncertainty the business of the country, that I urge upon your atten- 
tion these considerations. 

I respectfully recommend to Congress that in any legislation pro- 
viding for a silver coinage, and imparting to it the quality of legal- 
tender, there be impressed upon the measure a firm pro\ision exempting 
the public debt, heretofore issued and now outstanding, from payment, 
either of principal or interest, in any coinage of less commercial value 
than the present gold coinage of the country. 

The organization of the civil service of the country has for a number 
of years attracted more and more of the public attention. So general 
has become the opinion that the methods of admission to it, and the 
conditions of remaining in it, are unsound, that both the great political 
parties have agreed in the most explicit declarations of the necessity of 
reform, and in the most emphatic demands for it. I have fully believed 
these declarations and demands to be the expression of a sincere con- 
viction of the intelligent masses of the people upon the subject, and 
that they should be recognized and followed by earnest and prompt 
action on the part of the Legislative and Executive Departments of the 
Government, in pursuance of the purpose indicated. 

Before my accession to office I endeavored to have my own views 
distinctly understood, and upon my inauguration my accord with the 
public opinion was stated in terms believed to be plain and unambigu- 
ous. My experience in the executive duties has strongly confirmed the 
belief in the great advantage the country would find in observing 
strictly the plan of the Constitution, which imposes upon the Executive 
the sole duty and responsibility of the selection of those Federal officers 
who, by law, are appointed, not elected; and which, in like manner, 
assigns to the Senate the complete right to advise and consent to, or to 
reject, the nominations so made; whilst the House of Representatives 
stands as the public censor of the performance of official duties, with the 
prerogative of investigation and prosecution in all cases of dereliction. 
The blemishes and imperfections in the civil service may, as I think, 
be traced, in most cases, to a practical confusion of the duties assigned 
to the several departments of the Government. My purpose, in this 
respect, has been to return to the system established by the funda- 
mental law, and to do this with the heartiest co-operation and most cor- 
dial understanding with the Senate and House of Representatives. 



LETTERS AND MESSAGES. 83 

The practical difficulties in the selection of numerous officers for posts 
of widely-varying responsibilities and duties are acknowledgred to be 
very great. No system can be expected to secure absolute freedom 
from mistakes, and the beginning of any attempted change of custom 
is quite likely to be more embarrassed in this respect than any subse- 
quent period. It is here that the Constitution seems to me to prove its 
claim to the great wisdom accorded to it. It gives to the Executive 
the assistance of the knowledge and experience of the Senate, which, 
when acting upon nominations as to which they may be disinterested 
and impartial judges, secures as strong a guaranty of freedom from 
errors of importance as is perhaps possible in human affairs. 

In addition to this, I recognize the public advantage of making all 
nominations, as nearly as possible, impersonal, in the sense of being free 
from mere caprice or favor in the selection ; and in those offices in which 
special training is of greatly increased value, I believe such a rule as 
to the tenure of office should obtain as may induce men of proper quali- 
fications to apply themselves industriously to the task of becoming 
proficients. Bearing these things in mind, I have endeavored to reduce 
the number of changes in subordinate places usually made upon the 
change of the general administration, and shall most heartily co-operate 
with Congress in the better systematizing of such methods and rules 
of admission to the public service, and of promotion within it, as may 
promise to be most successful in making thorough competency, effi- 
ciency, and character the decisive tests in these matters. 

I ask the renewed attention of Congress to what has already been 
done by the Civil- Service Commission, appointed in pursuance of an 
act of Congress by my predecessor, to prepare and revise civil-service 
rules. In regard to much of the departmental service, especially at 
Washington, it may be difficult to organize a better system than that 
which has thus been provided, and it is now being used to a consider- 
able extent under my direction. The commission has still a legal 
existence, although for several years no appropriation has been made 
for defraying its expenses. Believing that this commission has ren- 
dered valuable service, and will be a most useful agency in improving 
the administration of the civil service, I respectfully recommend that a 
suitable appropriation, to be immediately available, be made to enable 
it to continue its labors. 

It is my purpose to transmit to Congress as early as practicable a 
report by the chairman of the commission, and to ask your attention to 
such measures on this subject as in my opinion will further promote 
the improvement of the civil service. 



84 LETTERS AND MESSAGES. 

During- tlie ])ast year the United States have (iontinned to maintain 
peaceful relations with foreign i'owers. 

The outbreak of war between Eussia and Turkey, though at one time 
attended by grave apprehension as to its eflect upon other European 
nations, has had no tendency to disturb the amicable relations existing- 
between the United States and each of the two contending Powers. 
An attitude of just and impartial neutrality has been preserved, and I 
am gratified to state that, in the midst of their hostilities, both the 
llussian and the Turkish Governments have shown an earnest disposi- 
tion to adhere to the obligations of all treaties with the United States, 
and to give due regard to the rights of American citizens. 

By the terms of the treaty, defining the rights, immunities, and priv- 
ileges of consuls, between Italy and the United States, ratified in 18G8, 
either Government may, after the lapse of ten years, terminate the 
existence of the treaty by giving twelve months' notice of its intention. 
The Government of Italy, availing itself of this faculty, has now given 
the required notice, and the treaty will, accordingly, end on the 17th 
of September, 1878. It is understood, however, that the Italian Gov- 
ernment wishes to renew it, in its general scope, desiring only certain 
modifications in some of its articles. In this disposition I concur, and 
shall hope that no serious obstacles may intervene to prevent or delay 
the negotiation of a satisfactory treaty. 

Numerous questions in regard to passports, naturalization, and ex- 
emption from military service, have continued to arise in cases of emi- 
grants from Germany who have returned to their native country. The 
l)rovisions of the treaty of February 22, ISGS, however, have proved to 
be so ample and so judicious, that the Legation of the United States 
at Berlin has been able to adjust all claims arising under it, not only 
without detriment to the amicable relations existing between the two 
Governments, but it is believed without injury or injustice to any duly- 
naturalized American citizen. It is desirable that the treaty originally 
made with the Xorth German Union in 18G8 should now be extended, 
so as to apply equally to all the States of the Empire of Germany. 

The invitation of the Government of France to participate in the ex- 
position of the products of agriculture, industry', and the fine arts, to 
be held at Paris during the coming year, was submitted for .your con- 
sideration at the extra session. It is not doubted that its acceptance 
by the United States, and a well-selected exhibition of the products of 
American industry on that occasion, will tend to stinndate international 
comnuMce and emigration, as well as to promote the traditional friend- 
ship between the two countries. 



LETTERS AND MESSAGES. 85 

A question arose, sometime since, as to tlie proper meaning of the 
extradition articles of tlie treaty of 1842 between tlie United States and 
Great Britain. Both Governments, however, are now in accord in the 
belief tliat the question is not one that should be allowed to frustrate 
the ends of justice, or to disturb the friendship between the two Nations. 
No serious difficulty has arisen in accomplishing- the extradition of 
criminals when necessary*. It is prol)able that all points of disagree- 
ment will, in due time, be settled, and, if need be, more explicit decla- 
rations be made in a new treaty. 

The Fishery Commission, under Articles XVIII to XXV of the Treaty 
of Washington, has concluded its session at Halifax. The result of 
the deliberations of the commission, as made iiublic by the commis- 
sioners, will be communicated to Congress. 

A treaty for the protection of trade-marks has been negotiated with 
Great Britain, which has been submitted to the Senate for its con- 
sideration. 

The revolution which recently occurred in Mexico was followed by 
the accession of the successful party to power, and the installation of 
its chief, General Porfino Diaz, in the presidential office. It has been 
the custom of the United States, when such changes of government 
have heretofore occurred in Mexico, to recognize and enter into official 
relations witli the de facto government as soon as it should api)ear to 
have the approval of the Mexican x^tiople, and should manifest a dis- 
position to adhere to the obligations of treaties and international friend- 
shi]). In the present case, the official recognition has been deferred by 
the occurrences on the Eio Grande border, the records of which ha\ e 
already been communicated to each House of Congress, in answer to 
their respective resolutions of inquiry-. Assurances have been received 
that the au'horities at the seat of the Mexican Government have both 
the disposition and the power to prevent and punish such unlawful in- 
vasions and depredations. It is earnestly to be hoped that events may 
prove these assurances to be well founded. The best interests of both 
countries require the maintenance of peace upon the border, and the 
development of counnerce between the two Republics. 

It is gratifying to add that this temporary interruption of official re- 
lations has not prevented due attention by the representatives of the 
United States in Mexico to the protection of American citizens, so far 
as practicable. Nor has it interfered with the prompt payment of the 
amounts due from Mexico to the United States under the treaty of July 
4, 1868, and the awards of the Joint Commission. While I do not an- 
ticipate an interruption of friendly relations with Mexico, yet I cannot 



86 LETTERS AND MESSAGES. 

but look with some solicitude upon a continuance of border disorders^ 
as exposing- the two countries to initiations of popular feeling and mis- 
chances of action which are naturally unfavorable to complete amity. 
Firndy determined that nothing shall be wanting on my part to pro- 
mote a good understanding between the two Nations, I yet must ask 
the attention of Congress to the actual occurrences on the border, that 
the lives and property of our citizens may be adequately protected and 
peace preserved. 

Another year has passed without bringing to a close the protracted 
contest between the Spanish Government and the insurrection in the 
Island of Cuba. While the United States have sedulously abstained 
from any intervention in this contest, it is impossible not to feel that it 
is attended with incidents affecting the rights and interests of Ameri. 
can citizens. Apart from the effect of the hostilities upon trade between 
the United States and Cuba, their progress is inevitably accompanied 
by complaints, having more or less foundation, of searches, arrests^ 
embargoes, and oppressive taxes upon the property of American resi- 
dents, and of unprovoked interference with American vessels and com- 
merce. It is due to the Government of Spain to say that, during the 
past year, it has promptl3' disavowed and offered reparation for any 
unauthorized acts of unduly zealous subordinates, whenever such acts 
have been brought to its attention. Nevertheless such occurrences can- 
not but tend to excite feelings of annoyance, suspicion, and resentment, 
which are greatly to be deprecated between the respective subjects and 
citizens of two friendly Powers. 

Much delay (consequent ni)on accusations of fraud in some of the 
awards) has occurred in respect to the distribution of the limited 
amounts received from Venezuela under the treaty of April 25, 1866, 
applicable to the awards of the Joint Commission created by that treaty. 
So long as these matters are pending in Congress, the Executive can- 
not assume eitlier to pass upon the questions presented, or to distribute 
the fund received. It is eminently <lesirable that detiuite legislative 
action should be taken, either affirming the awards to be final or pro- 
viding some method for re-examination of the claims. 

Our relations with the Republics of Central and South America, and 
with the Empire of Brazil, liave continued without serious change, 
further than tlie temporary interruption of diplomatic intercourse with 
Venezuela and with Guatemala. Amicable relations have already been 
fully restored with Venezuela, and it is not doubted that all grounds of 
misunderstanding with Guatemala will speedily be removed. From all 
these countries there are favorable indications of a disposition on the 



LETTERS AND MESSAGES. 87 

part of their Governments and people to reciprocate our efforts in the 
direction of increased commercial intercourse. 

The Government of the Samoau Islands has sent au envoy in the 
person of its Secretary of State to invite the Government of the United 
States to recognize and protect their independence, to establish com- 
mercial relations with their people, and to assist them in their steps 
toward regulated and responsible government. The inhabitants of these 
islands, having made considerable progress in Christian civilization and 
the development of trade, are doubtful of their ability to maintain 
peace and independence without the aid of some stronger power. The 
subject is deemed worthy of respectful attention, and the claims upon 
our assistance by this distant community will be carefully considered. 

The long commercial depression in the United States has directed 
attention to the subject of the possible increase of our foreign trade 
and the methods for its development, not only with Europe, but with 
other countries, and especially with the States and sovereignties of the 
western hemisphere. Instructions from the Department of State were 
issued to the various diplomatic and consular officers of the Govern- 
ment, asking them to devote attention to the question of methods by 
which trade between the respective countries of their official residence 
and the United States could be most judiciously fostered. In obedience 
to these instructions, examinations and reports upon this subject have 
been made by many of these officers and transmitted to the Depart- 
ment, and the same are submitted to the consideration of Congress. 

The annual report of the Secretary of the Treasury on the state of 
the finances presents important questions for the action of Congress, 
upon some of which I have already remarked. 

The revenues of the Government during the fiscal year ending June 
30, 1877, Avere $260,000,580.62. The total expenditures for the same 
period were $238,060,008.03, leaving a surplus revenue of $30,340,577.69. 
This has substantially supplied the requirements of the sinking-fund 
for that year. The estimated revenues of the current fiscal year are 
$265,500,000, and the estimated expenditures for the same period are 
$232,430,643.72. If these estimates prove to be correct, there will be 
a surplus revenue of $33,060,350.28, an amount nearly sufficient for- the 
sinking-fund for that year. The estimated revenues for the next fiscal 
year are $260,250,000. 

It appears from the report that during the last fiscal year the revenues 
of the Government, compared with the previous year, have largely 
decreased. This decrease, amounting to the sum of $18,481,452.54, 
was mainly in customs duties, caused partly by a large falling off of 



CO LETTERS AND MESSAGES. 

the amount of imported dutiable goods, and partly by the general fall 
of prices in the marketsof production of such articles as pay ar?-r«/orew 
taxes. While this is felt injuriously iu the diminution of the revenue, 
it has been accompanied with a very large increase of exportations. 
The total exports during the last fiscal year, including coin, have been 
$658,037,457, and tlie imports have been $402,097,540— leaving a bal- 
ance of trade in favor of the United States amounting to the sum of 
$100,539,917; the beneficial effects of which extend to all branches of 
business. 

The estimated revenue for the next fiscal year will impose upon Con- 
gress the duty of strictly limiting appropriations, including the requisite 
sun) for the maintenance of the sinking-fund, within the aggregated 
estimated receipts. 

While the aggregate of taxes should not be increased, amendments 
might be made to the revemielaws that would, Avithout diminishing the 
revenue, relieve the people from unnecessary burdens. A tax on tea 
and coffee is shown by the experience not only of our Own country, but 
of other countries, to be easily collected, without loss by undervaluation 
or fraud, and largely borne in the country of production. A tax of ten 
cents a pound on tea and two cents a pound on coffee would produce a 
revenue exceeding $12,000,000, and thus enable Congress to repeal a 
multitude of annoying taxes yielding a revenue not exceeding that sum. 
The internal revenue system grew out of the necessities of the war, 
and most of the legislation imposing taxes upon domestic products, 
under this system, has been repealed. By the substitution of a tax on 
tea and coffee, all forms of internal taxation may be re[)ealed, except 
that on whiskey, spirits, tobacco, and beer. Attention is also called 
to the necessity of enacting more rigorous laws for the protection of 
the revenue and for the punishment of frauds and smuggling. This 
can best be done by judicious jiro visions that will induce the disclosure 
of attempted fraud by uuderval nation and snuiggling. All revenue 
laws should be simple iu their provisions and easily understood. So 
far as practicable, the rates of taxation should be in the form of specific 
duties, and not ad valorem, requiring the judgment of experienced men 
to ascertain values, and exposing the revenue to the temptation of 
fraud. 

My attention has been called during the recess of Congress to abuses 
existing in the collecti<ni of the customs, and strenuous efforts have 
been made for their correction l)y ExecutiNe orders. The recommenda- 
tion submitted to the Secretary of the Treasury by a commission 
appointed to examine into the collection of customs duties at the port 



LETTERS AND MESSAGES. 89 

of New York, contain many suggestions for tlie modificatiou of the 
customs laws, to which the attention of Congress is invited. 

It is matter of congratuhition that, notwithstanding the severe bur- 
dens caused by the war, the public faith with all creditors has beeu 
preserved, and that, as the result of this policy, the public credit has 
continuously advanced, and our public securities are regarded Avith the 
highest favor in the markets of the world. I trust that no act of the 
Government Avill cast a shadow upon its credit. 

The progress of refunding the public debt has been rapid and satis- 
factory. Under the contract existing when I entered upon the discharge 
of the duties of my office, bonds bearing interest at the rate of 4i per 
cent, were being rapidly sold, and within three months the aggregate 
sales of these bonds had reached the sum of J^2()0,()00,()0(). With my 
sanction the SecretarA- of the Treasury entered into a new contract for 
the sale of four per cent, bonds, and within thirtj" days after the popu- 
lar subscription for such bonds was opened subscriptions were had 
amounting to $75,490,550, which were paid for within ninety days after 
the date of subscription. By this process, within but little more than 
one year, the annual interest on the public debt was reduced in the 
sum of $3,775,000. 1 recommend that suitable provision be made to 
enable the people to easily convert their savings into Government 
securities, as the best mode in which small savings may be well secured 
and yield a moderate interest. It is an object of public policy to retain 
among our own peox)le the securities of the United States. In this way 
our country is guarded against their sudden return from foreign coun- 
tries, caused bj- war or other disturbances beyond our limits. 

The commerce of the United States with foreign Nations, and especially 
the export of domestic productions, has of late years largely increased; 
but the greater portion of this trade is c<mducted in foreign vessels. 
The importance of enlarging our foreign trade, and especially by direct 
and speedy interchange, with countries on this continent, cannot be 
over-estimated; and it is a matter of great moment that our own ship- 
j)ing interest should receive, to the utmost practical extent, the benefit 
of our commerce with other lands. These considerations are forcibly 
urged by all the large commercial cities of the country, and public 
attention is generally and wisely attracted to the solution of the problems 
they present. It is not doubted that Congress will take them up in the 
broadest spirit of liberality, and respond to the public demand, by prac- 
tical legislation, upon this important subject. 

The report of the Secretary of War shows that the Army has been 
actively' employed during the year, and has rendered A^ery important 



90 LETTERS AND MEi-SAGES. 

service in suppressiiig- liostilities in the Indian country, and in preserv- 
ing peace, and protecting life and property in the interior as well as 
along the Mexican border. A long and arduous campaign has been 
prosecuted, with final complete success, against a portion of the ^ez 
Percys tribe of Indians. A full account of this campaign will be found 
in the report of the General of the Army. It will be seen that in its 
course several severe battles were fought, in which a number of gallant 
officers and men lost their lives. I join with the Secretary of War and 
the General of the Army in awarding to the officers and men employed 
in the long and toilsome pursuit, and in tlie final capture of these 
Indians, the honor and praise which are so justly their due. 

The very serious riots which occurred in several of the States in July 
last rendered necessary the employment of a considerable portion of 
the Army to preserve the peace and maintain order. In the States of 
West Virginia, Maryland, Pennsylvania, and Illinois these disturbances 
were so formidable as to defy the local and State authorities, and the 
National Executive was called upon, in the mode provided by the Con- 
stitution and laws, to furnish military aid. I am gratified to be able 
to state that the troops sent, in response to these calls for aid in the 
suppression of domestic violence, were al)le, by the influence of their 
presence in the disturbed regions, to preserve the peace and restore 
order without the use of force. In the discharge of this delicate and 
important duty, both officers and men acted with great prudence and 
courage, and for their services deserve the thanks of the country. 

Disturbances along the Rio Grande, in Texas, to which I have already 
referred, have rendered necessary the constant employment of a mili- 
tary for(;e in that vicinity. A full report of all recent military opera- 
tions in that quarter has been transmitted to the House of Kepreseuta- 
tives,in answer to a resolution of that body, and it will, therefore, not 
be necessary to enter into details. I regret to say that these lawless 
incursions into our territory by armed bands from the ^Mexican side of 
the line, for the purpose of robl)ery, have been of frequent occurrence, 
and, in spite of the most vigilant eftbrts of the commander of (mr forces, 
the marauders have generally succeeded in escaping into Mexico with 
their ])lunder. In May last I gave orders for the exercise of the utmost 
vigilance on the part of our troops for the suppression of these raids, 
and the i)unishment of the guilty parties, as well as the recapture of 
property stolen by them. General Ord, commanding in Texas, was 
directed to invite the co-operation of the Mexican authorities in etforts 
to this end, and to assure them that I was anxious to avoid giving the 
least offence to Mexico. At the same time, he was directed to give 



LETTERS AND MESSAGES. 91 

notice of my determination to put an end to the invasion of our territory 
by lawless bands, intent upon the plunder of our peaceful citizens, even 
if the effectual punishment of the outlaws should make the crossing of 
the border by our troops in their pursuit necessary. It is believed that 
this policy has had the effect to check somewhat these depredations,, 
and that, with a considerable increase of our force upon that frontier, 
and the establishment of several additional military posts along the 
Eio Grande, so as more effectually to guard that extensive border, peace 
may be preserved, and the lives and property of our citizens in Texas 
fully protected. 

Prior to the 1st day of July last the Army was, in accordance with 
law, reduced to the maximum of 25,000 enlisted men, being a reduction 
of 2,r)00 below the force previously authorized. This reduction was. 
made, as required by law, entirely from the infantry and artillery branches 
of the service, without any reduction of the cavalry. Under the law, 
as it now stands, it is necessary that the cavalry regiments be recruited 
to one hundred men in each company for service ou the Mexican and 
Indian frontiers. The necessary effect of this legislation is to reduce 
the infantry and artillery arms of the service below the number required 
for efficiency; and I concur with the Secretary of War in recommending 
that authority be given to recruit all companies of infantry to at least 
fifty men, and all batteries of artillery to at least seventy-five nuni, with 
the ])ower, in case of emergency, to increase the former to one hundred,, 
and the latter to one hundred and twenty-two men each. 

I invite your s[)ecial attention to the following recommendations of 
the Secretary of War : 

First. That provision be made for supplying to the Army a more 
abundant and better supply of reading-matter. 

Second. That early action be taken by Congress looking to a com- 
plete revision and republication of the Army Regulations. 

Third. That section 1258 of the Revised Statutes, limiting the num- 
ber of officers on the retired list, be repealed. 

Fourth. That the claims arising under the act of July 4, 18G4, for 
supplies taken by the Army during the war, be taken from the offices 
of the Quartermaster and Commissary-General, and transferred to the 
Southern Claims Commission, or some other tribunal having more time 
and better facilities for their prompt investigation and decision than are 
possessed by these officers. 

Fifth. That Congress provide for an annuity-fund for the families of 
deceased soldiers, as recommended by the raymaster-General of the 
Army. 



92 LETTERS AND MESSAGES. 

The report of tlie Secretary of the Ifavy shows that we have six 
squadrons now engaged in tlie protection of our foreign commerce, ami 
other duties pertaining to the naval service. The condition and opera- 
ti(ms of the Department are also shown. The total expenditures for 
the fiscal year ending June 30, 1877, were $10,077,974.54. There are 
unpaid claims against the Department chargeable to the last year, which 
are presented to the consideration of Congress by the report of the 
Secretary. The estimates for the fiscal year commencing July 1, 1878, 
are $10,233,234.40, exclusive of the sum of $2,314,231, submitted for 
new buildings, repairs, and improvements at the several navy-yards. 
The appropriations for the present fiscal year, commencing July 1, 1877, 
are $13,592,032.00. The amount drawn from the Treasury trom July 
1 to :N^ovember 1, 1877, is $5,343,037.40, of which there is estimated to 
he yet available $1,029,528.30, showing the amount of actual expendi- 
ture during the first four months of the present fiscal year to have been 
$4,313,509.10. 

The report of the Postmaster-General contains a full and clear state- 
ment of the operations and condition of the Post-Office Department. 
The ordinary revenues of the Department for the fiscal year ending 
June 30, 1877, including receipts from the money-order business and 
from otficial stamps and stamped envelopes, amounted to the sum of 
$27,531,585.20. The additional sum of $7,013,000 was realized from 
appropriations from the general treasury for various ])urposes, making 
the receipts from all sources $34,544,885.20. The total expenditures 
during the fiscal year amounted to $33,480,322.44, leaving an excess of 
total receipts over total expenditures of $1,058,502.82, and an excess 
■of total expenditures over ordinary receipts of $5,954,737.18. Deduct- 
ing from the total receipts the sum of $03,201.84, received frinn inter- 
national money-orders of the preceding fiscal year, and deducting from 
the total expenditures the sum of $1,103,818.20, paid on liabilities in- 
curred in previous fiscal years, the expenditures and receipts apper- 
taining to the business of the last fiscal year were as follows : 

Expenditures $32,322, 504 24 

Receipts, (ordinary, from money-order business and from 

official postage-stamps) ^'7, 408, 323 42 

Excess of expenditures 'l? 854, 180 82 

The ordinary revenues of the Post-Office Department for the year 
ending June 30, 1879, are estimated at an increase of three per cent, 
over those of 1877, making $29,034,098.28, and the expenditures for the 



LETTERS AND MESSAGES. 93 

same year are estimated at $30,427,771, leaving an estimated deficiency 
for the year 1S79 of $7,393,672.72. Tlie additional legislation recom- 
mended by the I*ostmaster-General for improvements of the mail service^ 
and to protect the i)0stal revenues from the abuses piactised under 
existing' laws, is resj)ectfully recommended to the careful consideration 
of Congress. 

The report of the Attoiiiey-General contains several suggestions as 
to the administration of justice, to which I invite your attention. The 
pressure of business in the Supreme Court and in certain circuit courts 
of the United States is now such that serious dehiys, to the great injury^ 
and even op[»ression, of suitors occur, and a remedy should be sought 
for this condition of affairs. Whether it will be found in the plan 
brietly sketclied in the rei)ort, of increasing the number of Judges of 
the circuit courts, and by means of this addition to the judicial Ibrce 
of creating an intermediate court of errors and appeals, or whether 
some other mode can be devised for obviating the difficulties which 
now exist, I leave to your mature consideration. 

The present condition of the Indian tribes on tlie territory of the 
United States, and our relations with tliem, are tally set Ibrtli in the 
reports of tlie Secretary of the Interior and the Commissioner of Indian 
Affairs. After a series of most deplorable conflicts — the successful 
termination of wliicli, wliile reflecting lionor u])on tlie brave soldiers, 
who accomplished it, cannot lessen our regret at their occurrence —we 
are now at peace with all the Indian tribes within our borders. To 
preserve that peace by a just and huuume i)olicy will be the object of 
my earnest endeavors. Whatever may be said of their character and 
savage propensities, of the difficulties of introducing among them the 
habits of civilized life, and of the obstacles they have ofl'ered to the 
progress of settlement and enterprise in certain parts of the country, 
the Indians are certainly entitled to our sympathy, and to a conscien- 
tious respect on our i)art for their claims ui^on our sense of justice. 
They Avere the aboriginal occupants of the land we now possess. They 
have been driven from place to place; the purchase-money paid ta 
them, hi some cases, for what they called their own, has still left them 
poor. In many instances, when they had settled down upon land 
assigned to them by compact, and began to support themselves by their 
own labor, they were rudely jostled off and thrust into the wilderness 
again. Many, if not most, of our Indian wars have had their origin in 
broken promises and acts of injustice upon our part; and the advance 
of the Indians in civilization has been slow, because the treatment they 
received did not permit it to be faster and more general. We cannot 



t)4 LETTERS AND MESSAGES. 

expect them to improve and to follow our guidance unless we keep faith 
with them in respecting the rights they possess, and unless, instead of 
depriving them of their opportunities, we lend them a helping-hand. 

I cordially approve the i^olicy regarding the management of Indian 
Affairs outlined in the rex)orts of the Secretary of the Interior and of 
the Commissioner of Indian Affairs. The faithful j)erformance of our 
promises is the first condition of a good understanding with the Indians. 
I cannot too urgently recommend to Congress that prompt and liberal 
provision be made for the conscientious fulfilment of all engagements 
entered into by the Government with Indian tribes. To withhold the 
means necessary for the performance of a promise is always a false 
economy, and is apt to prove disastrous in its consequences. Especial 
care is recommended to provide for Indians settled on their reserva- 
tions cattle and agricultural imi)lements, to aid them in whatever 
■efforts they may make to support themselves; and by the establish- 
ment and maintenance of schools to bring them under the control of 
ci\alized influences. I see no reason why Indians who can give satis- 
factory proof of having by their own labor supported their families for 
a number of years, and who are willing to detach themselves from their 
tribal relations, should not be admitted to the benefit of the homestead 
act and the privileges of citizensliip ; and I recommend the passage of 
a law to that effect. It will be an act of justice, as well as a measure of 
encouragement. Earnest efforts are being made to purify the Indian 
Service, so that every dollar approj^riated by Congress shall redound 
to the benefit of the Indians, as intended. Those efforts shall have my 
firm support. With an improved service, and every possible encoiu-- 
agement held out to the Indians to better their condition and to elevate 
themselves in the scale of civilization, we may hope to accomplish, at 
the same time, a good work for them and for ourselves. 

I invite the attention of Congress to the importance of the statements 
and suggestions made by the Secretary of the Interior concerning the 
depredations committed on the timber-lands of the United States, and 
the necessity for the preservation of forests. It is believed that the 
measures taken in jjursuance of existing law to arrest those depreda- 
tions will be entirely successful if Congress, by an apx)ropriation for 
that purpose, renders their continued enforcement possible. The expe- 
rience of other nations teaches us that a country cannot be stripped of 
its forests with impunity, and we shall expose ourselves to the gravest 
consequences unless the wasteful and improvident manner in which the 
forests of the United are destroyed be effectually checked. I earnestly 
recommend that the measures suggested by the Secretary of the Inte- 



LETTERS AND MESSAGES. 95 

rior for the suppression of depredations on the public timber-lands of 
the United States, for the selling of timber from the public lands, and 
for the preservation of forests, be embodied in a law; and that, consid- 
ering the urgent necessity of enabling the people of certain States and 
Territories to purchase timber from the public lands in a legal manner, 
which at present they cannot do, such a law be passed without una- 
voidable delay. I would also call the attention of Congress to the 
statements made by the Secretary of the Interior concerning the dis- 
position that ]uight be made of the desert lauds not irrigable west of 
the 100th meridian. These lands are practically unsalable under exist- 
ing laws, and the suggestion is worthy of consideration that a system 
of leasehold tenure would make them a source of prolit to the United 
States, while at the same time legalizing the business of cattle-raising, 
which is at present carried on ui)on them. 

The report of the Commissioner of Agriculture contains the gratify- 
ing announcement of the extraordinary success which has rewarded 
the agricultural industry of the country for tlie past year. With the 
fair prices which obtain for the products of the soil, especially for the 
surplus which our people have to export, we may confidently turn to 
this as the most important of all our resources for the revival of the 
depressed industries of the country. The report shows our agricultural 
progress during the year, and contains a statement of the work done 
by this department for the advancement of agricultural industry, upon 
which the prosi^erity of our people so largely depends. Matters of in- 
formation are included of great interest to all who seek, by the exi)e- 
rieuce of others, to improve their own methods of cultivation. The 
efforts of the Department to increase the production of important 
articles of consumption will, it is ho])ed, improve the demand for labor, 
and advance the business of the country, and eventually result in 
saving some of the many millions that are now annually paid to foreign 
Nations for sugar and other staple products which habitual use has 
made necessary in our domestic every-day life. 

The Board on behalf the United States Executive Departments at the 
International Exhibition of 1876 has concluded its labors. The final 
report of the Board was transmitted to Congress by the President near 
the close of the last session. As these papers are understood to con- 
tain interesting and valuable information, and will constitute the only 
report emanating from the Government on the subject of the Exhibi- 
tion, I invite attention to the matter and recommend that the report be 
published for general information. 

Congress is empowered by the Constitution with the authority of 
exclusive legislation over the District of Columbia, in which the seat 



96 LETTERS AND MESSAGES. 

of Govei'iniient of the Xatiou is located. The interests of the District 
havings no direct representation in Congress, are entitled to especial 
consideration and care at the hands of the General Government. The 
capital of the United States belongs to the Nation, and it is natural 
that the American people should take pride in the seat of their National 
Government, and desire it to be an ornament to the country. Much 
has been done to render it healthful, convenient, and attractive, but 
much remains to be done, which its permanent inhabitants are not able 
and ought not to be expected to do. To impose upon them a large 
propcution of the cost required for public improvements, which are in a 
great measure i)lanned and executed for the convenience of the Gov- 
ernment, and of the many thousands of visitors from all i)arts of the 
country, who temi)orarily reside at the capital of the Nation, is an evi- 
dent injustice. Special attention is asked by the Commissioners of the 
District in their report, which is herewith transmitted, to the impor- 
tance of a permanent adjustment by Congress of the financial relations 
between the United States and the District, involving the regular 
annual contribution by the United States of its just proportion of the 
expenses of the District government, and of the outlay for all needed 
public improvements, and such measure of relief from the burden of 
taxation now resting upon the people of the District as in the wisdom 
of Congress may be deemed just. 

The report of the Commissioners shows that the affairs of the District 
are in a condition as satisfactory as could be expected, in view of the 
heavy burden of debt resting upon it, and its very limited means for 
necessary expenses. 

The debt of the District is as follows: 

Old funded debt |8, 379, C91 96 

3.65 bonds, guaranteed by the United States 13, 743, 250 00 

Total bonded debt 22, 122, 941 96 

To which should be added certain outstanding claims, 

as explained in the report of the Commissioners. . . 1, 187, 204 52 

Making the total debt of the District 23, 310, 146 48 

The Commissioners also ask attention to the importance of the im- 
provement of the Potomac river, and the reclamation of the marshes 
bordering the city of Washington ; and their view^s upon this subject 
are concurred in by the members of the Board of Health, whose report 
is also herewith transmitted. Both the commercial and sanitary in- 
terests of the District will be greatly promoted, I doubt not, by this, 
improvement. 



LETTERS AND MESSAGES. 97 

Yolu' attention is invited to the suggestion of the Commissioners, and 
of the Board of Health, for the organization of a Board of Charities, 
to have supervision and control of the disbursement of all moneys for 
charitable purposes from the District treasury. I desire, also, to ask 
your special attention to the need of adding to the efficiency of the 
public schools of the District, by supplemental aid from the is'ational 
Treasury. This is especially just, since so large a number of those 
attending these schools are children of employes of the Government. 
I earnestly commend to your care the interests of the people of the 
District, who are so intimately associated with the Government estab- 
lishments, and to whose enterprise the good order and attractiveness of 
the capital are largely due; and I ask your attentioii to the request of 
the Commissioners for legislation in behalf of the interests intrusted 
to their care. The appropriations asked, for the care of the reserva- 
tions belonging to the Government within the city, by the Commissioner 
of Public Buildings and Grounds, are also commended to your favor- 
able consideration. 

The report of the Joint Commission created by the act approved 
August 2, 1876, entitled "An act providing for the completion of the 
Washington Monument,'' is also herewith transmitted, with accom- 
panying documents. The board of engineer officers detailed to ex- 
amine the monument, in compliance with the second section of the act, 
have reported that the foundation is insufficient. Xo authority exists 
for making the expenditure necessary to secure its stability. I there- 
fore recommend that the commission Ije authorized to expend such 
portion of the sum appropriated by the act as may be necessary for 
the purpose. The present unfinished condition of the hionument, beguii 
so long ago, is a reproach to the Xation. It cannot be doubted that 
the patriotic sense of the country will warmly respond to such prompt 
provision as may be made for its completion at an early day, and I urge 
upon Congress the propriety and necessity of immediate legislation for 
this purpose. 

The wisdom of legislation upon the part of Congress in aid of the 
States, for the education of the whole people in those branches of study 
which are taught in the common schools of the country, is no longer a 
question. The intelligent judgment of the country goes still further, 
regarding it as also both constitutional and expedient for the General 
Government to extend to technical and higher education, such aid as is 
deemed essential to the general welfore and to our due prominence 
among the enlightened and cultured Xations of the world. The ulti- 
mate settlement of all questions of the future, whether of administra- 
7 



98 LETTERS AND MESSAGES. 

tion or fiuauce, or of true nationality of sentiment, depends upon the 
virtue and intelligence of the people. It is vain to hope for the 
success of a free government without the means of insuring the intelli- 
gence of those who are the source of j)Ower. Xo less than one-seventh 
of the entire voting population of onr country are yet unable to read 
and write. 

It is encouraging to observe, in connection with the growth of frater- 
nal feeling in those States in which slavery formerly existed, evidences 
of increasing interest in universal education, and I shall be glad to give 
my approval to any appropriate measures which may be enacted by 
Congress for the purpose of supplementing with national aid the local 
systems of education in those States, and in all the States ; and having 
already invited your attention to the needs of the District of Columbia 
with respect to its public-school system, I here add that I believe it 
desirable, not so much with reference to the local wants of the District, 
but to the great and lasting benefit of the entire country, that this 
system should be crowned with a university in all respects in keeping 
with the iN^ational Capital, and thereby realize the cherished hopes of 
Washington on this subject. ' 

I also earnestly commend the request of the Eegents of the Smith- 
sonian Institution that an adequate appropriation be made for the 
establishment and conduct of a national museum under their super- 
vision. 

The question of providing for the preservation and growth of the 
Library of Congress is also one of national importance. As the depos- 
itory of all copyright publications and records, this library has out- 
grown the provisions for its accommodation; and the erection, on such 
site as the judgment of Congress may approve, of a fire-proof library- 
building, to preserve the treasures and enlarge the usefulness of this 
valuable collection, is recommended. I recommend also such legisla- 
tion as will render available and efficient, for the purposes of instruction, 
so far as is consistent with the public service, the cabinets or museums 
of invention, of surgery, of education, and of agriculture, and other 
collections, the property of the National Government. 

The capital of the Nation should be something more than a mere 
political centre. We should avail ourselves of all the opportunities 
which Providence has here placed at our command, to promote the 
general intelligence of the people and increase the conditions most 
favorable to the success and perpetuity of our institutions. 

E. B. HAYES. 

December 3, 1S77. 



IMESS^OE 



RETURNIXG TO 



THE HOUSE OF KEPEESENTATIVES THE BILL ENTITLED "AN ACT TO 

AUTHORIZE THE COINAGE OF THE STANDARD SILVER DOLLAR 

AND TO RESTORE ITS LEGAL-TENDER CHARACTER. 



FEBRUARY 98, 1878- 



MESSAGE. 



To THE House of Kepresentatives : 

After a very careful consideration of the House bill No. 1093, entitled 
"An act to authorize the coinage of the standard silver dollar and to 
restore its legal-tender character," I feel compelled to return it to the 
House of Representatives, in which it originated, with mj objections 
to its passage. 

Holding the opinion which I^ expressed in my annual message, that 
"neither the interests of the Government nor of the people of the 
United States would be promoted by disparaging silver as one of the 
two precious metals which furnish the coinage of the world, and that 
legislation which looks to maintaining the volume of intrinsic money to 
as full a measure of both metals as their relative commercial values 
will permit would be neither unjust nor inexpedient," it has been my 
earnest desire to concur with Congress in the adoption of such meas- 
ures to increase the silver coinage of the country as would not impair 
the obligation of contracts, either public or private, nor injuriously 
afiect the public credit. It is only upon the conviction that this bill 
does not meet these essential requirements that I feel it my duty to 
withhold from it my approval. 

My present ofBcial duty as to this bill permits only an attention to 
the specific objections to its passage which seem to me so important as 
to justify me in asking from the wisdom and duty of Congress that 
further consideration of the bill for which the Constitution has, in such 
cases, provided. 

The bill provides for the coinage of silver dollars of the weight of 
412^ grains each, of standard silver, to be a legal-tender at their- nom- 
inal value for all debts and dues, public and private, except where 
otherwise expressly stipulated in the contract. It is well known that 
the market value of that number of grains of standard silver during the 
past year has been from ninety to ninety-two cents as compared with 
the standard gold dollar. Thus the silver dollar authorized by this 
bill is worth 8 to 10 per cent, less than it purports to be worth, and is 
made a legal-tender for debts contracted when the law did not recog- 
nize such coins as lawful money. 

The right to pay duties in silver or certificates for silver deposits will, 



102 LETTERS AND MESSAGES. 

when they are issued in sufficient amount to circulate, put an end to 
tlie receipt of revenue in gold, and thus compel the payment of silver 
for both the principal and interest of the public debt. One thousand one 
hundred and forty-three million four hundred and ninety-three thou- 
sand four hundred dollars of the bonded debt, now outstanding, was 
issued prior to February, 1873, when the silver dollar was unknown in 
circulation in this country, and was only a convenient form of silver 
bidUon for exportation ; $583,4:40,3o0 of the funded debt has been issued 
since February, 1873, when gold alone was the coin for which the bonds 
were sold, and gold alone was the coin in which both parties to the 
contract understood that the bonds would be paid. These bonds entered 
into the markets of the world. They were paid for in gold when silver 
had greatly depreciated, and when no one would have bought them if 
it had been understood that they would be paid in silver. The sum of 
$225,000,000 of these bonds has been sold during my administration 
for gold coin, and the United States received the benefit of these sales 
by a reduction of the rate of interest to 4 and 4^ per cent. During 
the progress of these sales a doubt was suggested as to the coin 
in which payment of these bonds would be made. The public an- 
nouncement was thereupon authorized that it was " not to be antici- 
pated that any future legislation of Congress, or any action of any De- 
partment of the Government, would sanction or tolerate the redemp- 
tion of the principal of these bonds, or the payment of the interest 
thereon, in coin of less value than the coin authorized by law at the 
time of the issue of the bonds, being the coin exacted by the Govern- 
ment in exchange for the same." 

In view of these facts it will be justly regarded as a grave breach of 
the public faith to undertake to pay these bonds, principal or interest, 
in silver coin wortli in the market less than the coin received for them. 
It is said that the silver dollar made a legal-tender by this bill ^^ill. 
under its operation, be equivalent in value to the gold dollar. Many 
supporters of the bill believe this, and would not justify an attempt to 
pay debts, either public or private, in coin of inferior value to the money 
of the world. The capital defect of the bill is that it contains no pro- 
vision protecting from its operation pre-existing debts in case the coinage 
which it creates shall continue to be of less value than that which was 
the sole legal- tender when they were contracted. If it is now proposed 
for the purpose of taking advantage of the depreciation of silver in the 
payment of debts to coin and make a legal-tender a silver dollar of less 
commercial value than any dollar, whether of gold or i^aper, which is 
now lawful money in this country, such measure, it will hardly be (pies- 



LETTERS AND MESSAGES. 103 

tioned, will, in tlie judgment of mankind, be an act of bad faith. As 
to all debts heretofore contracted, the silver dollar should be made a 
legal-tender only at its market value. The standard of value should 
not be changed without the consent of both parties to the contract. 
National promises should be kept with unflinching fidelity. There is 
no power to compel a Nation to pay its just debts. Its credit depends 
on its honor. The Nation owes what it has led or allowed its creditors 
to expect. I cannot approve a bill which in my judgment authorizes 
the violation of sacred obligations. The obligation of the public faith 
transcends all questions of profit or public advantage. Its unques- 
tionable maintenance is the dictate as well of the highest expediency 
as of the most necessary duty, and should ever be carefully guarded 
by the Executive, by Congress, and by the people. 

It is my firm conviction that, if the country is to be benefited by a 
silver coinage, it can be done only by the issue of silver dollars of full 
value, which will defraud no man. A currency worth less than it pur- 
ports to be worth will in the eud defraud not only creditors, but all 
who are engaged in legitimate business, and none more surely than 
those who are dependent on their daily labor for their daily bread. 

K. B. HAYES. 

ExECUTH^E Mansion, February 28, 1878. 



m:essa.ge 

RETURNING TO 

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT TO- 

AUTHORIZE A SPECIAL TERM OF THE CIRCUIT COURT OF 

THE UNITED STATES FOR THE SOUTHERN DISTRICT OF 

MISSISSIPPI, TO BE HELD AT SCRANTON, IN 

JACKSON COUNTY." 

MARCH 6, 187B. 



MESSAGE. 



To THE House of Kepresentatives: 

I return lierevrith House bill Xo. 3072, entitled "An act to authorize 
a special term of the circuit court of the United States for the southern 
district of Mississippi, to be held at Scrantou, in Jackson County," with 
the following- objections to its becoming a law: 

The act provides that a special term of the circuit court of the United 
States for the southern district of Mississippi shall be held at Scran- 
ton, in Jackson County, Mississippi, to begin on the second Monday in 
March, 1878, and directs the clerk of said court to "cause notice of said 
special term of said court to be published in a newspaper in Jackson, 
Mississippi, and also in a newspaper in Scranton, at least ten days 
before the beginning thereof." 

The act cannot be executed, inasmuch as there is not sufficient time 
to give the notice of the holding of the special term, which Congress 
thought proper to require. 

The number of suits to be tried at the special term, in which the 
United States is interested, is forty-nine, and the amount involved ex- 
ceeds $200,000. The Government cannot prepare for trial at said special 
term, because no fund appropriated by Congress can be made available 
for that purpose. If, therefore, the Government is compelled to go to 
trial at the special term provided for by this bill, the United States must 
be defeated for want of time and means to make preparation for the 
proper vindication of its rights. 

The bill is therefore 'returned for the further consideration of Con- 
gress. 

E. B. HAYES. 

Executive Mansion, March 6, 1878. 



I certify that this act originated in the House of Representatives. 

Attest: 

GEO. M. ADAMS, 

Clerl: 



108 • LETTERS AND MESSAGES. 

AN ACT to authorize a special term of the circuit court of the United States for the 
southern district of Mississippi, to be held at Scrauton, in Jackson County. 

Be it enacted by the Senate and Rouse of Representatives of the United 
States of America in Congress assembled, That a si)ecial term of tlie cir- 
cuit coiirt of the United States for the southern district of Mississippi 
shall be holden at Scrauton, in Jackson County, Mississippi, to begin 
on the second Monday in March, eighteen hundred and seventy-eight; 
and the clerk of said court shall cause notice of said special term of said 
court to be published in a newspaper in Jackson, Mississippi, and also 
in a newspaper in Scrauton, at least ten days before the beginning 
thereof. And all process, writs, bonds, and recognizances which relate 
to any suit or suits pending, or which may be instituted in said court 
in belialf of the United States against any party or parties for or on 
account of any lumber, logs, charcoal, or turpentine, or growing out of 
or on account of any alleged depredation upon, or timber cut or taken 
from, any of the puljlic lauds of the United States in said district shall 
be considered as belonging to such special term; and such suits shall 
be then and there tried and determined as if they had been brought, 
and such writs, process, bonds, and recognizances had been opened and 
taken with reference and made returnable to such special term. And 
the presiding judge of said court shall have power to continue such 
special term from time to time until said suits shall be determined, if, 
in his judgment, the ends of justice mav so recpiire. 

SAM. J. RANDALL, 
Spealcer of the House of Representatives. 

W. A. WHEELER, 
Vice-President of the United States and President of the Senate. 



PROCLAMATION 



MARTIAL LAW IX NEW MEXICO, 



OCTOBER 7, 1878. 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A PROCLAMATIO:^^. 

Whereas it is provided in the laws of the United States that when- 
ever, by reason of nnlawfnl obstrnctions, combinations or assemblages 
of persons, or rebellion against the authority of the Government of the 
United States, it shall become impracticable, in the judgment of the 
President, to enforce by the ordinary course of judicial proceedings the 
laws of the United States within any State or Territory, it shall be law- 
ful for the President to call forth the militia of any or all the States, and 
to employ such parts of the land and naval forces of the United States 
as he may deem necessary to enforce the faithful execution of the laws 
of the United States, or to suppress such rebellion, in whatever State or 
Territory thereof the laws of the United States may be forcibly opposed 
or the execution thereof forcibly obstructed ; 

And whereas it has been made to appear to me that by reason of un- 
lawful combinations and assemblages of persons in arms, it has become 
impracticable to enforce, by the ordinary coarse of judicial proceedings, 
the laws of the United States within the Territory of :Sew Mexico, and 
especially within Lincoln County therein; and that the laws of the 
United States have been therein forcibly opposed and the execution 
thereof forcibly resisted ; 

And whereas the laws of the United States require that whenever it 
may be necessary, in the judgment of the President, to use the military 
force for the purpose of enforcing the faithful execution of the laws of 
the United States, he shall forthwith, by proclamation, command such 
insurgents to disperse and retire peaceably to their respective abodes, 
within a limited time : 

Xow, therefore, I, Rutherford B. Hayes, President of the United 
States, do hereby admonish all good citizens of the United States, and 
especially of the Territory of New Mexico, against aiding, countenanc- 
ing, abetting, or taking part in any such unlawful proceedings, and I 
do hereby warn all persons engaged in or connected with said obstruc- 
tion of the laws, to disperse and retire peaceably to their respective 
abodes on or before noon of the thirteenth day of October, instant. 



112 LETTERS AND MESSAGES. 

In witness whereof I have hereunto set my hand, and caused the seal 
of the United States to be affixed. 

Done at the city of Washington this seventh day of October, in the 

year of our Lord eighteen hundred and seventy-eight, and of 

[SEAL.] the Independence of the United States the one hundred and 

third. 

K. B. HAYES. 

By the President : 

F. W. Seward, 

Acting Secretary of State. 



THANKSGIVING PROCLAMATION 

OCTOBER 30, 1878. 



PROCLAMATION. 



BY THE PKESIDENT OF THE UNITED STATES OF AMERICA. 

A proclamatio:n^. 

The recurrence of that season at which it is the habit of our people to 
make devout and pubhc confession of their constant dependence upon 
the Divine favor for all the good gifts of life and happiness and of public 
peace and prosperity, exhibits, in the record of the year, abundant 
reasons for our gratitude and thanksgiving. 

Exuberant harvests, productive mines, ample crops of the staples of 
trade and manufactures, have enriched the country. 

The resources, thus furnished to our reviving industry and expanding- 
commerce, are hastening the day when discords and distresses, through 
the length and breadth of the land, will, under the continued favor of 
Providence, have given way to confidence, and energy and assured 
prosperity. 

Peace with all Nations has been maintained unbroken, domestic tran- 
quillity has prevailed, and the institutions of liberty and justice which 
the wisdom and ^irtue of our fathers established, remain the glory and 
defence of their children. 

The general prevalence of the blessings of health through our wide 
land, has made more conspicuous the sufferings and sorrows, which the 
dark shadow of pestilence has cast upon a portion of our people. This 
heavy afftictiou, even, the Divine Euler has tempered to the suffering 
communities in the universal sympathy and succor which have flowed 
to their relief, and the whole Nation may rejoice in the unity of spirit 
in our people by which they cheerfully share one another's l)urdens. 

Now, therefore, I, Rutherford B. Hayes, President of the United 
States, do appoint Thursday, the 28th day of November, next, as a 
Day of National Thanksgiving and Prayer; and I earnestly recom- 
meiul that, withdrawing themselves from secular cares and labors, the 
people of the United States do meet together on that day in their re- 
spective places of worship, there to give thanks and praise to Almighty 
God for His mercies, and to devoutly beseech their continuance. 

In witness whereof I have hereunto set my hand, and caused the seal 
of the United States to be affixed. 



116 LETTERS AND MESSAGES. 

Done at tlie city of Wasliiugtou tliis thirtieth day of October, in the 
year of our Lord one thousand eight hundred and seveuty- 
[SEAL.] eight, and of the Independence of the United States the one 
hundred and third. 

E. B. HAYES. 

By the President: 

Wm. M. Evarts, 

Secretary of State. 



]VI E s s ^ a E 



TWO HOUSES OF OONGEESS AT THE COMMENCEMENT OF THE THIED 
SESSION OF THE FOETY-FIFTH CONGEESS. 

DECEMBER 2, 1878. 



MESSAGE 



Fellow- CrnzEX8 of the Senate 

AND House of Eepresentatives : 

Our heartfelt gratitude is due to the Divine Beiug, wlio hokls iu His 
hands the destinies of Nations, for the continued bestowal, during the 
last year, of countless blessings upon our country. 

We are at peace with all other Xations. Our public credit has greatly 
improved, and is, i^erhaps, now stronger than ever before. Abundant 
harvests have rewarded the labors of those who till the soil, our manu- 
facturing industries are reviving, and it is believed that general pros- 
perity, which has been so long anxiously looked for, is at last within 
our reach. 

The enjoyment of health by our people generally has, however, been 
Interrupted, during the past season, by the prevalence of a fatal pes- 
tilence, the yellow-fever, in some portions of the Southern States, cre- 
ating an emergency which called for prompt and extraordinary measures 
of relief. The disease appeared as an epidemic, at IS^ew Orleans and 
at other places on the lower Mississippi, soon after midsummer. It 
was rapidly spread by fugitives from the infected cities and towns, and 
did not disappear until early in November. The States of Louisiana, 
Mississippi, and Tennessee have suffered severely. About one hun- 
dred thousand cases are believed to have occurred, of which al)Out 
twenty thousand, according to intelligent estimates, proved fatal. It 
is impossible to estimate with any approach to accuracy the loss to the 
country occasioned by this epidemic. It is to be reckoned by the hun- 
dred millions of dollars. The suffering and destitution that resulted 
excited the deepest sympathy in all parts of the Union. Physicians 
and nurses hastened from every quarter to the assistance of the afflicted 
communities. Voluntary contributions of money and supplies, in every 
needed form, were speedily and generously furnished. The Govern- 
ment was able to respond in some measure to the call for help, by pro- 
viding tents, medicines, and food for the sick and destitute, the requi- 
site directions for the ]nirpose being given, in the confident expectation 
that this action of the Executive would receive the sanction of Con- 
gress. About eighteen hundred teuts, and rations of the value of 



120 LETTERS AND MESSAGES. 

about twenty-five thousand dollars, were sent to cities and towns wliicli 
applied for thein, full details of which will be furnished to Congress by 
the proper Department. 

The fearful spread of this pestilence has awakened a very general 
public sentiment in favor of national sanitary administration, which 
shall not only control quarantine, but have the sanitary supervision of 
internal commerce in times of epidemics, and hold an advisory relation 
to the State and municipal health authorities, with power to deal with 
whate^'er endangers the public health, and which the municipal and 
State authorities are unable to regulate. The national quarantine act 
approved April 29, 1878, which was passed too late in the last session of 
Congress to provide the means for carrying it into practical operation, 
during the past season, is a step in the direction here indicated. In 
view of the necessity for the most effective measures, by quarantine 
and otherwise, for the i)rotection of our seaports, and the countrj^ gen- 
erally, from this and other epidemics, it is recommended that Congress 
give to the whole subject early and careful consideration. 

The permanent pacification of the country by the complete protec- 
tion of all citizens in every civil and political right continues to be of 
paramount interest with the great body of our people. Every step in 
this direction is welcomed with public approval, and every interruption 
of stead^^ and uniform progress to the desired consnmmation awakens 
general uneasiness and wide-spread condemnation. The recent Con- 
gressional elections have furnished a direct and trustworthy test of 
the advance thus far made in the practical establishment of the right 
of suffrage, secured by the Constitution to the liberated race in the 
Southern States. All disturbing influences, real or imaginary, had been 
removed from all of these States. 

The three constitutioHal amendments, which conferred freedom and 
equality of civil and political rights upon the colored people of the 
South, were adopted by the concurrent action of the great body of 
good citizens who maintained the authority of the National Govern- 
ment and the integrity and i^erpetuity of the Union at such a cost of 
treasure and life, as a wise and nec(\ssary embodiment in the organic 
law of the just results of the war. The j^eople of the former slave- 
holding States accepted these results, and gave, in every practicable 
form, assurances that the thirteenth, fourteenth, and fifteenth amend- 
ments, and laws passed in pursuance thereof, should, in good faith, be 
enforced', rigidly and impartially, in letter and spirit, to the end that the 
humblest citizen, without distinction of race or color, should, under 
them, receive full and equal protection in person and property and in 



LETTERS AND MESSAGES. 121 

political rights aud privileges. By these constitutional amendments^ 
the southern section of the Union obtained a large increase of political 
power in Congress and in the Electoral College, aud the country justly 
expected that elections would j)roceed, as to the enfranchised race, upon 
the same circumstances of legal and constitutional freedom and pro- 
tection which obtained in all the other States of the Union. The friends 
of law and order looked forward to the conduct of these elections, -as 
ottering to the general judgment of the country an important opportu- 
nity to measure the degree in which the right of sutfrage could be 
exercised by the colored people, and would be resjiected by their fellow- 
citizens: but a more general enjoyment of freedom of suffrage by the 
colored ix'ople, and a more just and generous protection of that freedom 
by the comnuinities of which they form a part, were generally antici- 
pated than the record of the elections discloses. In some of those 
States in which the colored people have been unable to make their 
opinions felt in the elections, the result is mainly due to influences not 
easily measured or remedied by legal protection; but in the States of 
Louisiana aud South Carolina at large, and in some particular con- 
gressional districts outside of those States, the records of the elections 
seem to compel the conclusion that the rights of the colored voters 
have been overridden, and their participation in the elections not per- 
mitted to be either general or free. 

It will be for the Congress for which these elections were held, to 
make such examinations into their conduct as may be appropriate to 
determine the validity of the claims of members to their seats. In the 
meanwhile it becomes the duty of the Executive and Judicial Depart- 
ments of the Government, each in its province, to inquire into and pun- 
ish violations of the laws of the United States which have occurred. I 
can but repeat what I said in this connection in my last message, that 
whatever authority rests with me to this end I shall not hesitate to put 
forth, and I am unwilling to forego a renewed appeal to the legislatures, 
the courts, the executive authorities, and the peoi)le of the States where 
these wrongs have been i)erpetrated, to give their assistance towards 
bringing to justice the offenders aud preventing a repetition of the 
crimes. Xo means within my power will be spared to obtain a full and 
fair investigation of the alleged crimes, and to secure the conviction 
and just punishment of the guilty. 

It is to be observed that the i)rincipal approiu'iation made for the 
Department of Justice at the last sessioh contained the following' 
clause: "And for defraying the expenses which may be incurred in 
the enforcement of tlie act approved February twenty-eighth, eighteen 



122 LETTERS AND MESSAGES. 

hundred and seventy-one, entitled 'An act to amend an act approved 
May tliirtietli, eighteen hundred and .seventy, entitled An act to enforce 
the rights of citizens of the I'nited States to vote in the several States 
of the Union, and for other purposes,' or any acts amendatory thereof 
or supplementary thereto."' 

It is the opinion of the Attorney-General that the expenses of these 
proceedings will largely exceed the amount -vrhich was thus provided, 
and I rely confidently upon Congress to make adequate appropriations 
to enable the Executive Department to enforce the laws. 

I respectfully lu-ge upon your attention that the Congressional elec- 
tions, in every district, in a very important sense, are justly a matter 
of political interest and concern throughout the whole country. Each 
State, every political party, is entitled to the share of power which is 
conferred by the legal and constitutional suffrage. It is the right of 
every citizen, possessing the qualifications prescribed by law, to cast 
one unintiuiidated ballot, and to have his ballot honestly counted. So 
long as the exercise of this power and the enjoyment of this right are 
common and equal, practically as well as formally, submission to the 
results of the suffrage will be accorded loyally and cheerfully, and all 
the departments of Government will feel the true vigor of the popular 
will thus expressed. Xo temporary or administrative interests of Gov- 
ernment, however urgent or weighty, will ever displace the zeal of our 
people in defence of the primary rights of citizenship. They under- 
stand that the protection of liberty requires the maintenance, in full 
vigor, of the manly methods of free speech, free press, and free suffrage, 
and will sustain the full authority of Government to enforce the laws 
which are framed to preserve these inestimable rights. The material 
progress and welfare of the States depend on the protection afforded to 
their citizens. There can be no peace without such protection, no pros- 
perity without i)eace, and the whole country is deeply interested in 
the growth and prosperity of all its parts. 

While the country has not yet reached complete unity of feeling and 
reciprocal confidence between the communities so lately and so seriously 
estranged, I feel an absolute assurance that the tendencies are in that 
direction, and with increasing force. The power of public opinion will 
override all political prejudices, and all sectional or State attachments, 
in demanding that all over our wide territory the name and character 
of citizen of the United States shall mean one and the same thing, and 
carry with them unchallenged security and respect. 

Our relations with other countries continue peaceful. Our neutrality 
in contests between foreign Powers has been maintained and respected. 



LETTERS AND MESSAGES. 123 

The Uiiiver.sal Exposition held at Paris during the past suiuiner lias 
l)een attended by large numbers of our citizeus. The brief period 
allowed for the i)reparation and arrangement of the contributions of 
our citizens to tliis great Exposition was well employed in energetic 
and judicious efforts to overcome this disadvantage. These efforts, led 
and directed by tlie Commissioner-General, were remarkably success- 
ful, and the exliibition of the products of American industry was credit- 
able and gratifying in scope and character. The reports of the United 
States Commissioners, giving its results in detail, will be duly laid 
before you. Our participa.tion in this international competition for the 
favor and the trade of the world may be expected to produce useful 
and important results in promoting intercourse, friendship, and com- 
merce with other ivTations. 

In accordance with the i)rovisions of the act of February 1*8, 1878, 
three commissioners were appointed to an international conference on 
the subject of adopting a common ratio between gold and silver, for 
the purpose of establishing internationally the use of bimetalHc money, 
and securing fixity of relative value between those metals. 

Invitations were addressed to the various Governments which had 
expressed a wilHuguess to participate in its deliberations. The confer- 
ence held its meetings in Paris in August last. The report of the 
Commissioners, herewith submitted, will shdw its results. Xo common 
ratio between gold and silver could be agreed upon by the confer- 
ence. The general conckision was reached that it is necessary to 
maintain in the workl the monetary functions of silver as well as of 
gold, lea\ing the selection of the use of one or the other of these two 
metals, or of both, to be made by each State. 

Congress having appropriated at its last session the sum of $5,500,000 
to pay the award of the Joint Commission at Halifax, if, after corre- 
spondence with the British Government on the subject of the con- 
formity of the award to the requirements of the treaty and to the terms 
of the question thereby submitted to the Commission, the President 
shall deem it his duty to make the payment, communications upon 
these points were addressed to the British Government through the 
Legation of the United States at London. Failing to obtain the con- 
currence of the British Government in the views of this Government 
respecting the award, I have deemed it my duty to tender tlie sum 
named, within the year fixed by the treaty, accompanied by a notice of 
the grounds of the ])ayment, and a protest against any other construc- 
tion of the same. The correspondence upon this subject will be laid 
before you. 



124 LETTERS AND MESSAGES. 

The Spaiiisli Govoniiueut has officially aiinouuced the termination 
of the insnrrection in Cuba, and the restoration of i)eaee throughout 
that Island. Confident expectations are expressed of a revival of trade 
and prosi)erity, which it is earnestly hoped may i>rove well founded. Nu- 
merous claims of American citizens for lelief for injuries or restoration 
of i)roperty have been among rlie incidents of the long'-continued hos- 
tilities, Some of these claims are in process of adjustment by Spain, 
and tlie others are promised earl}- and careful consideration. 

The treaty niade with Italy in regard to reciprocal consular privi- 
leges has been duly ratified and proclaimed. 

Xo questions of grave importance have arisen with any other of the 
European Powers. 

The Japanese Government has been desirous of a re%'ision of such 
parts of its treaties with foreign Powers as relate to commerce, and, it 
is understood, has addressed to each of the treaty Powers a request to 
open negotiations with that view. The United States Government has 
been inclined to regard the nuitter favorably. Whatever restrictions 
upon trade with Jajjan are found injimous to that people cannot but 
affect injuriously Nations holding commercial intercourse with them. 
Japan, after a long period of seclusion, has within the past few years 
made rapid strides in the path of enlightenment and progress, and, 
not unreasonably, is looking forward to the time when her relations 
Avith the Nations of Europe and America shall be assimilated to those 
which they hold with each other. A treaty looking to this end has 
been made, which will be submitted for the consideration of the Senate. 

After an interval of several years, the Chinese Government has again 
sent envoys to the United States. They have been received, and a 
permanent Legation is now established here by that Government. It 
is not doubted that this step will be of advantage to both Nations in 
promoting friendly relations and removing causes of difference. 

The treaty with the Samoan Islands, having been duly ratified and 
accepted on the part of both Governments, is now in operation, and a 
survey and soundings of the harbor of Pago-Pago have been made by 
a naval vessel of the United States, with a view of its occupation as 
a naval station, if found desirable to the service. 

Since the resumption of diphmiatic relations Avith Mexico, corre- 
spondence has been opened and still continues between the two Gov- 
ernments upon the various questions Avhich at one time seemed to 
endanger their relations. While no formal agreement has been reached 
as to the troubles on the border, much has been done to repress and 
diminish them. The effective force of United States troops on the Eio 



LETTERS AND MESSAGES. 125 

Grande, by a strict and faithful compliance with instructions, has done 
much to remove the sources of dispute, and it is now understood that 
a like force of Mexican troops on the other side of the river is also 
making an energetic movement against the marauding Indian tribes. 

This Government looks with the greatest satisfaction upon every 
evidence of strength in the National authority of Mexico, and upon every 
effort put forth to prevent or to punish incursions upon our territory. 
Eeluctant to assume any action or attitude in the control of these incur- 
sions by military movements across the border not imperatively de- 
manded for the protection of the lives and property of our own citizens, 
I shall take the earliest opportunity, consistent with the proper dis- 
charge of this plain duty, to recognize the ability of the Mexican 
Government to restrain effectively violations of our territory. It is 
proposed to hold next year an International Exhibition in Mexico, and 
it is believed that the display of the agricultural and manufacturing 
products of the two ]N'ations will tend to better understanding and 
increased commercial intercourse between their ])eople. 

With Brazil, and the Republics of Central and South America, some 
steps have been taken toward the development of closer commercial 
intercourse. Diplomatic relations have been resumed with Colombia 
and with Bolivia. A boundary question between the Argentine Repub- 
lic and Paraguay has been submitted by those governments for arbi- 
tration to the President of the United States, and I have, after a careful 
examination, given a decision i\])(m it. 

A naval expedition up the Amazon and Madeira rivers has brought 
back information valuable both for scientific and commercial purposes. 
A like expedition is about visiting the coast of Africa and the Indian 
Ocean. The reports of diplomatic and consular officers in relation to 
the development of our foreign commerce have furnished many facts 
that have proved of public interest, and have stimulated to practical 
exertion the enterjirise of our people. 

The report of the Secretary of the Treasurj^ furnishes a detailed 
statement of the operations of that Department of the Government, 
and of the condition of the i)ublic finances. 

The ordinary revenues from all sources for the fiscal year ended 
June 30, 1878, were $257,763,878,705 the ordinar}' expenditures for the 
saiue period were $230,964,326.80 — leaving a surplus revenue for the 
year of $20,709,551.90. 

The receipts for the present fiscal year, ending June 30, 1879, actual 
and estimated, are as follows : Actual receipts for the first quarter com- 
mencing July 1, 1878, $73,389,7-43.43; estimated receipts for the remain- 



126 LETTERS AND MESSAGES. 

iiig three-quarters of the year, 8191,110,256.37; total receipts for the 
current fiscal year, actual and estimated, $264,500,000. The expendi- 
tures for the same period will be, actual and estimated, as follows: 
For the quarter commenciuj^- Jiily 1, 1878, actual expenditures, 
873,311,573.27; and for the remaining- three-quarters of the year the 
expenditures are estimated at $100,755,120.73 — making the total ex- 
penditures 8240,100,000; and leaving an estimated surplus revenue for 
the year ending June 30, 1879, of 824,400,000, 

The total receipts during the next fiscal year, ending June 30, 1880, 
estimated according to existing laws, will be 8201,500,000; and the esti- 
mated ordinary expenditures for the same period will be 8230,320,412.08; 
leaving a surplus of $28,179,587.32 for that year. 

In the foregoing statements of expenditures, actual and estimated, 
no amount is allowed for the sinking-fund provided for by the act ap- 
proved February 25, 1862, which requires that one per cent, of the 
entire debt of the United States shall be purchased or paid within each 
fiscal year, to be set ai)art as a sinking-fund. There has been, however, 
a substantial compliance with the conditions of the law. By its terms 
the public debt should have been reduced, between 1862 and the close 
of the last fiscal year, $518,361,806.28; the actual reduction of the 
ascertained debt, in that period, has been 8720,644,739.01; being in ex- 
cess of the reduction required by the sinking-fund act — $202,282,033.33. 

The amount of the public debt, less cash in the Treasury, Xovember 
1, 1878, was $2,021,200,083.18 — a reduction, since the same date last 
year, of $23,150,617.39. 

The progress made during the last year in refunding the public debt 
at lower rates of interest is very gratifying. The amount of four per 
cent, bonds sold during the present year prior to ]!Srovember 23, 1878, is 
$100,270,900, and six per cent, bonds, commonly known as five-twenties, 
to an e<pial amount, have been or will be redeemed as calls mature. 

It has been the policy of the Department to place the four per cent, 
bonds within easy reach of every citizen who desires to invest his 
savings, whether small or great, in these securities. The Secretary of 
the Treasury recommends that the law be so modified that small sums 
may be invested, and that through the post offices or other agents of 
the Government, the freest opportunity may be given in all parts of the 
country for such investments. 

The best mode suggested is, that the Department be authorized to 
issue certificates of deposit, of the denomination of ten dollars, bearing 
interest at the rate of 3.65 per cent, per annum, and convertible at any 
time within one year after their issue into the four per cent, bonds 



LETTERS AND MESSAGES. 127 

authorized by the refmidiug act, and to be issued only in exchange for 
United States notes sent to the Treasury by mail or otherwise. Such a 
provision of law, supported by suitable regulations, would enable any 
person readily, without cost or risk, to convert his money into an in- 
terest-bearing security of the United States, and the money so received 
could be applied to the redemption of six per cent, bonds. 

The coinage of gold during the last fiscal year was $52,798,980. The 
coinage of silver dollars, under the act passed February 28, 1878^ 
amounted on the 23d of November, 1878, to $19,814,550; of which 
amount $1,981,917 are in circulation, and the balance, $14,829,003, is. 
still in the possession of the Government. 

With views unchanged with regard to the act under which the coin- 
age of silver proceeds, it has been the purpose of the Secretary faith- 
fully to execute the law, and to afford a fair trial to the measure. 

In the present financial condition of the country, I am persuaded that 
the welfare of legitimate business and industry of every description 
will be best i)romoted by abstaining from all attempts to make radical 
changes in the existing financial legislation. Let it be understood that 
during the coming year the business of the country will be undisturbed 
by governmental interference with laws affecting it, and we may confi- 
dently expect that the resum]ition of specie payments, which will take 
l)lace at the appointed time, will be successfully and easily maintained, 
and that it will be followed by a healthful and enduring revival of 
business prosperity. 

Let the healing influence of time, the inherent energies of our people^ 
and the boundless resources of our country, have a fair opportunity^ 
and re]i"f from present difiiculties will surely follow. 

The report of the Secretary of War shows that the Army has been 
well and economically supplied, that our small force has beeij actively 
employed, and has faithfully performed all the service required of it. 
The morale of the Army has improved, and the number of desertions 
has materially decreased during the year. 

The Secretary recommends — 

1. That a pension be granted to the widow of the late Lieutenant 
Henry H. Benner, 18th Infantry, who lost his life by yellow-fever while 
in command of the steamer "J. M. Chambers," sent with supplies for 
the relief of sufferers in the South from that disease.. 

2. The establishment of the annuity scheme for the benefit of the 
heirs of deceased ofticers, as suggested by the Paymaster- General. 

3. The adoption by Congress of a plan for the publication of the 
records of the War of the Rebellion, now being prepared for that pur- 
pose. 



128 LETTERS AND MESSAGES. 

4, The increase of the extra 2>c>' (Hem of soldier-teacher.s employed 
in post-schools, and liberal appropriations for the erection of buildings 
for schools and libraries at the different i)osts. 

5. The repeal or amendment of the act of June 18, 1878, forbidding 
the "use of the Army as a 2>osse comitatus, or otherwise, for the pur- 
pose of executing the laws, except in such cases and under such cir- 
cumstances as may be expressly' authorized by the Constitution or by 
act of Congress." 

G. The passage of a joint resolution of Congress legalizing the issues 
of rations, tents, and medicines which were made for the relief of suf- 
ferers from yellow-fever. 

7. That provision be made for the erection of a fire-proof building for 
the preser\ation of certain valuable records, now constantly exposed 
to destruction by fire. 

These recommendations are all commended to your favorable con- 
sideration. 

The report of the Secretary of the ^S'avy shows that the ^S'avy has 
improved during the last fiscal year. Work has been done on seventy- 
five vessels, ten of which have been thoroughly re])aired and made 
ready for sea. Two others are in rapid progress towards completion. 
The total expenditures of the year, including the amount appropriated 
for the deficiencies of the previous year, were $17,468,392.05. The 
actual expenses chargeable to the year, exclusive of these deficiencies, 
were $13,306,914.09, or $767,199.18 less than those of the previous 
year, and $4,928,077.74 less than the expenses, including the defi- 
ciencies. The estimates for the fiscal year ending June 30, 1880, are 
$14,562,381.45 — exceeding the appropriations of the present year only 
$33,949.75; which excess is occasioned by the demands of the Xaval 
Academy- and the Marine Corps, as explained in the Secretary's report. 
The appropriations for the present fiscal year are $14,528,431.70, which, 
in the opinion of the Secretary, will be am^^le for all the current ex- 
penses of the Department during the year. The amount drawn from 
the Treasury from July 1 to November 1, 1878, is $4,740,544.14, of 
which $70,980.75 has been refunded, leaving as the expenditure for 
that period $4,669,563.39, or $520,899.24 less than the corresponding 
period of the last fiscal year. 

The report of the Postmaster-General embraces a detailed state- 
ment of the operations of the Post-Oflice Department. The expend- 
itures of that Department for the fiscal year ended June 30, 1878, 
were $34,165,084.49. The receipts, including sales of stamps, money- 
order business, and ofiicial stamps, were $29,277,516.95. The sum of 



LETTERS AND MESSAGES. 129 

$290,436.90, included iu the foregoing statement of expenditures, is 
chargeable to preceding years, so that the actual expenditures for the 
fiscal jear ended June 30, 1878, are $33,874,647.50. The amount 
drawn from the Treasury on appropriations, in addition to the rev- 
enues of the Department, was $5,307,652.82. The expenditures for 
the fiscal year ending June 30, 1880, are estimated at $36,571,900, and 
the receipts from all sources at $30,664,023.90, leaving a deficiency to 
be appropriated out of the Treasury of $5,907,876.10. The report calls 
attention to the fact that the comijensation of postmasters and of rail- 
roads for carrying the mail is regulated by law, and that the failure of 
Congress to appropriate the amounts required for these purposes does 
not relieve the Government of responsibility, but necessarily increases 
the deficiency bills which Congress will be called upon to pass. 

In providing for the postal service, the following questions are pre- 
sented : Should Congress annually appropriate a sum for its expenses 
largely in excess of its revenues, or should such rates of postage be 
established as will make the Department self-sustaining! Should the 
postal service be reduced by excluding from the mails matter which 
does not pay its way? Should the number of post-routes be dimin- 
ished? Should other methods be adopted which will increase the rev- 
enues or diminish the expenses of the postal service f 

The International Postal Congress, which met at Paris May 1, 1878, 
and continued in session until June 4 of the same year, was composed 
of delegates fi'om nearly all the civilized countries of the world. It 
adopted a new convention to take the place of the treaty concluded at 
Berne October 9, 1874; which goes into effect on the 1st of April, 
1879, between the countries whose delegates have signed it. It was 
ratified and approved, by and with the consent of the President, 
August 13, 1878. A synopsis of this Uni'S'ersal Postal Convention 
wiU be found in the report of the Postmaster-General, and the full 
text in the appendix thereto. In its origin the Postal Union comi)rised 
twenty-three countries, having a population of three hundred and fifty 
millions of people. On the 1st of April next it will comprise forty- 
three countries and colonies, with a population of more than six hundred 
and fifty millions of people, and will soon, by the accession of the few 
remaining countries and colonies which maintain organized postal 
services, constitute, in fact as well as in name, as its new title indi- 
cates, a Universal Union, regulating, upon a uniform basis of cheap 
postage-rates, the postal intercourse between all civilized Nations. 

Some embarrassment has arisen out of the conflict between the cus- 
toms laws of this country and the provisions of the Postal Convention 
9 



130 LKTTKRS AND .MESSAGES. 

in regard to tlic transmission of foreij4U books and newspapers to this 
country by mail. It is hoped that Congress will be able to devise some 
means of reconciling the ditticulties which have thus been created, so 
as to do Justice to all parties involved. 

The business of the Sui)reme Court, and of the courts in many of the 
circuits, has increased to such an extent during the past years that 
additional legislation is imperative to relieve and prevent the delay 
of justice, and possible oppression, to suitors, which is thus occasioned. 
The encumbered condition of these dockets is presented anew iu the 
report of the Attorney-General, and the remedy suggested is earnestly 
urged for Congressional action. The creation of additional circuit 
judges, as proposed, would afford a complete remedy, and would involve 
an expense — at the present rate of salaries — of not more than $00,000 
a year. 

The annual reports of the Secretary of the Interior and of the Com- 
missioner of Indian Affairs present an elaborate account of the present 
condition of the Indian tribes, and of that branch of the public service 
which ministers to their interests. While the conduct of the Indians, 
generally, has been orderly, and their relations with their neighbors 
friendly and peaceful, two local disturbances have occurred, which 
were deplorable in their character, but remained, happily, confined to 
a comparatively small number of Indians. The discontent among the 
Bannocks, which led first to some acts of violence on the part of some 
members of the tribe, and finally to the outbreak, appears to have been 
caused by an insufficiency of food on the reservation, and this insuffi- 
ciency to have been owing to the inadequacy of the appropriations 
made by Congress to the wants of the Indians at a time when the 
Indians were prevented from supplying the deficiency by hunting. 
After an arduous pursuit by the troops of the United States, and 
several engagements, the hostile Indians were reduced to subjection, 
and the larger part of them surrendered themselves as prisoners. In 
this connection, I desire to call attention to the recommendation made 
by the Secretary of the Interior that a sufficient fund be placed at 
the disposal of the Executive, to be used, with proper accountability, 
at discretion, in sudden emergencies of the Indian service. 

The other case of disturbance was that of a band of Northern Chey- 
ennes, who suddeidy left their reservation iu the Indian Territory and 
marched rajjidly through the States of Kansas and Nebraska, in the 
direcition of their old hunting-grounds, committing murders and other 
crimes on their way. From documents accompanying the report of the 
Secretaiy of the Interior, it appears that this disorderly band was as 



LETTERS AND MESSAGES. 131 

fully supplied Avitli tlie necessaries of life as the four tbousaud seven 
liundred other Indians wLo remained quietly on the reservation, and 
that the disturbance was caused by men of a restless and mischievous 
disposition among the Indians themselves. Almost the whole of this 
band have surrendered to the military authorities, audit is a gratifying 
fact that, when some of them had taken refuge in the camp of the Red 
Cloud Sioux, A\ith whom they had been in friendly relations, the Sioux 
held them as prisoiu'rs, and readily gave them up to the officers of the 
United States, thus giving new proof of the loyal spirit which, alarming 
rumors to the contrary notwithstanding, they h ive uniformly shown 
ever since the wishes they expressed at the conncil of September, 1877, 
had been complied with. 

Both the Secretary of the Interior and the Secretary of War unite in 
the recommendation that provision be nmde by Congress for the organ- 
ization of a corps of mounted "Indian auxiliaries," to be under the 
control of the Army, and to be used for the purpose of keeping the 
Indians on their reservations and preventing or repressing disturbance 
on their part, I earnestl}' concur in this recommendation. It is be- 
lieved that the organization of such a body of Indian cavalry, receiving 
a moderate pay from the Government, would considerably weaken the 
restless element among the Indians by withdrawing from it a number 
of young men, and giving them congenial employment under the Gov- 
ernment, it being a matter of experience that Indians in our service, 
almost without exception, are faithful in the performance of the duties 
assigned to them. Such an organization would materially aid the Army 
in the accomplishment of a task for which its numerical strength is 
sometimes found insufficient. 

But, while the emi)loyment of force for the prevention or repression 
of Indian troubles is of occasional necessity, and wise preparation 
should be made to that end, greater reliance must be T)laced on humane 
and civilizing agencies for the ultimate solution of what is called the 
Indian problem. It may be very difficult, and require much patient 
effort, to curb the unruly spirit of the savage Indian to the restraints 
of civilized life, but experience shows that it is not impossible. Many 
of the tribes which are now quiet and orderly and self-supporting were 
once as savage as any that at present roam over the plains or in the 
mountains of the far West, and were then considered inaccessible to 
civilizing influences. It may be impossible to raise them fully up to the 
level of the white population of the United States; but we should not 
forget that they are the aborigines of the country, and called the soil 
their own on which our people have grown rich, powerful, and happy. 



132 LETTERS AND MESSAGES. 

We owe it to tbem aa a moral duty to Jielp them in attaining at least 
that degree of civilization which they may be able to reach. It is not 
only our duty — it is also our interest to do so. Indians who have be- 
come agriculturists or herdsmen, and feel an interest in property, will 
thenceforth cease to be a warlike and distmbiug element. It is also a 
well-authenticated fact that Indians are apt to be peaceable and quiet 
when their children are at school, and I am gratified to know, from the 
expressions of Indians themselves and from many concurring reports, 
that there is a steadily increasing desire, even among Indians belonging 
to comparatively wild tribes, to have their children educated. I in- 
vite attention to the reports of the Secretary of the Interior and the 
Commissioner of Indian Affairs, touching the experiment recently in- 
augurated, in taking fifty Indian children, boys and girls, from different 
tribes, to the Hampton jSTormal Agricultural Institute, in Virginia, 
where they are to receive an elementary English education and train- 
ing in agriculture and other useful work, to be returned to their tribes, 
after the completed course, as interpreters, instructors, and exami^les. 
It is reported that the officer charged with the selection of those chil- 
dren might have had thousands of young Indians sent with him had it 
been possible to make provision for them. I agree with the Secretary 
of the Interior in saying that " the result of this interesting experiment, 
if favorable, may be destined to become an important factor in the ad- 
vancement of civilization among the Indians." 

The question, whether a change in the control of the Indian service 
should be made, was, at the last session of Congress, referred to a com- 
mittee for inquiry and report. Without desiring to anticipate that 
report, I venture to express the hope that in the decision of so impor- 
tant a question, the views exjjressed above may not be lost sight of, 
and that the decision, whatever it may be, will arrest further agitation 
of this subj^t, such agitation being apt to produce a disturbing effect 
upon the service as well as on the Indians themselves. 

In the enrolment of the biU making appropriations for sundry civil 
expenses, at the last session of Congress, that portion which pro\ided 
for the continuation of the Hot Springs Commission was omitted. As 
the commission had completed the w^ork of taking testimony on the 
many contlicting claims, the suspension of their labors, before deter- 
mining the rights of claimants, threatened, for a time, to embarrass the 
interests, not only of the Government, but also of a large number of 
the citizens of Hot Springs, who were waiting for final action on their 
claims before beginning (M)ntemplated improvements. In order to pre- 
vent serious difficulties, wlii(;h were ai)prehended, and at the solicita- 



LETTERS AND MESSAGES. 133 

tion of many leading citizens of Hot Springs, and others interested in 
the welftire of the town, the Secretary of the Interior was authorized 
to request the late commissioners to take charge of the records of their 
proceedings, and to perform such work as could properly be done 
by them under such circumstances, to facilitate the fature adjudica- 
tion of the claims at an early day, and to preserve the status of the 
claimants until their rights shall be finally determined. The late com- 
missioners complied with that request, and report that the testimony, 
in all the cases, has been written out, examined, briefed, and so ar- 
ranged as to facilitate an early settlement when authorized by law. It 
is recommended that the requisite authority be given at as early a day 
in the session as possible, and that a ftiir compensation be allowed the 
late commissioners for the expense incurred and the labor performed 
by them since the 25th of June last. 

I invite the attention of Congress to the recommendations made by 
the Secretary of the Interior with regard to the preservation of the 
timber on the public lands of the United States. The protection of the 
public property is one of the first duties of the Government. The De- 
partment of the Interior should, therefore, be enabled, by sufficient 
ai)propriations, to enforce the laws in that respect. But this matter 
appears still more important as a question of public economy. The 
rapid destruction of our forests is an evil fraught with the gravest con- 
sequences, especially in the mountainous districts, where the rocky 
slopes, once denuded of their trees, will remain so forever. There the 
injury, once done, cannot be repaired. I fully concur with the Secre- 
tary of the Interior in the opinion that, for this reason, legislation 
touching the public timber in the mountainous States and Territories 
of the West, should be especially well considered, and that existing 
law^s, in which the destruction of the forests is not sufficiently guarded 
against, should be speedily modified. A general law concerning this 
important subject a]>pears to me to be a matter of urgent public neces- 
sity. 

From the organization of the Government, the importance of encour- 
aging, by all possible means, the increase of our agricultural produc- 
tions has been acknowledged and urged upon the attention of Congress 
and the people as the surest and readiest means of increasing our sub- 
stantial and enduring prosj)erity. 

The words of Washington are as applicable to-day as when, in his 
eighth annual message, he said: "It is not to be doubted that, with 
reference either to individual or national welfare, agriculture is of pri- 
mary importance. In proportion as Nations advance in population and 



134 LETTERS AND MESSAGES. 

Other circumstances of maturity, tliis truth becomes more apparent, 
and renders the cultivation of the soil more and more an object of pub- 
lic patronage. Institutions for promoting it grow up, supported by the 
public purse — and to what object can it be dedicated with greater i)ro- 
priety? Among the means which have been employed to this end, 
none have been attended with greater success than the establishment 
of boards composed of proper characters, charged with collecting and 
difitusing information, and enabled, by premiums and small pecuniary- 
aids, to encourage and assist the spirit of discover^' and improvement, 
tliis si)eeies of establishment contributing doubly to the increase of 
improvement by stimulating to enterprise and experiment, and by 
drawing to a common centre the results everywhere of individual skill 
and observation, and spreading them thence over the whole Nation. 
Experience accordingly hath shown that they are very cheap instru- 
ments of immense national benefit." 

The great preponderance of the agricultural over any other interest 
in the United States, entitles it to all the consideration claimed for it 
by Washington. About one-half of the i)opulation of the United States 
is engaged in agriculture. The value of the agricultural products of 
the United States for the year 1878 is estimated at three thousand mil- 
lions of dollars. The exports of agricultural products for the year 1877, 
as appears from the report of the Bureau of Statistics, were five hun- 
dred and twenty-four millions of dollars. Tbe great extent of onr 
country, with its diversity of soil and climate, enables u.s to ])ro(luce 
within our own borders, and by our own labor, not only the necessa- 
ries but most of the luxuries that are consumed in civilized countries. 
Yet, notwithstanding our advantages of soil, cliuuite, and intercommu- 
nication, it appears from the statistical statements in the rei)ort of the 
Commissioner of Agriculture, that we import annually irom foreign 
lands many millions of dollars' worth of agricultural products which 
could be raised in our own country. 

Numerous questions arise in the practice of advanced agriculture 
which can only be answered by experiments, often costly and some- 
times fruitless, which are beyond the means of private individuals, and 
are a just and proper charge on the whole Nation for the benefit of the 
Nation. It is good policy, especially in times of depression and uncer- 
tainty in other business pursuits, with a vast area of uncultivated, and 
hence unproductive territory, wisely opened to homestead settlenuMit, 
to encourage, by every proper and legitimate means, the occupation 
and tillage of the soil. The efforts of the Department of Agriculture 
to stimidate old and introduce new agricultural industries, to improve 



LETTERS AN]) MESSAGES. 135 

the quality and increase the quantity of our products, to determine the 
value of okl or establish the importance of new methods of culture, are 
worthy of your careful and favorable consideration, and assistance by 
such api)ropriations of money and enlargement of facilities as may 
seem to be demanded by the present favorable conditions for the growth 
and rapid develoi)ment of this important interest. 

The abuse of animals in transit is widely attracting public attention. 
A national convention of societies specially interested in the subject 
has recently met at Baltimore, and the facts developed, both in regard 
to cruelties to animals and the effect of such cruelties upon the public 
health, would seem to demand the careful consideration of Congress, 
and the enactment of more efiQcient laws for the prevention of these 
abuses. 

The report of the Commissioner of the Bureau of Education shows 
very gratifying progress throughout the country, in all the interests 
committed to the care of this important office. The report is especially 
encouraging with respect to the extension of the advantages of the 
common-school system, in sections of the country where the general 
enjoyment of the privilege of free schools is not yet attained. 

To education more than to any other agency we are to look, as the 
resource for the advancement of the people in the requisite knowledge 
and appreciation of their rights and responsibilities as citizens, and I 
desire to repeat the suggestion contained in my former message in 
behalf of the enactment of appropriate measures by Congress for the 
purpose of supplementing, with national aid, the local systems of edu- 
cation in the several States. 

Adequate accommodations for the great library, which is overgrow- 
ing the capacity of the rooms now occupied at the Capitol, should be 
provided without further delay. This invaluable collection of books, 
raanuscripts, and illustraiive art, has grown to such proportions, in 
connection with the copyright system of the country, as to demand the 
prompt and careful attention of Congress, to save it from injury in its 
present crowded and insufficient quarters. As this library is national 
in its character, and nuist, from the nature of the case, increase even 
more rapidly in the future than in the past, it cannot be doubted that 
the i)eople will sanction any wise expenditure to preserve it and to 
enlarge its usefulness. 

The appeal of the Regents of the Smithsonian Institution tor the 
means to organize, exhibit, and make available for the public benefit 
the articles now stored away belonging to the N^ational Museum, I 
heartily recommend to your favorable consideration. 



136 LETTERS AND MESSAGES. 

The attenticm of Congress is again invited to the condition of tlie 
river-front of the city of Wasliington. It is a matter of vital impor- 
tance to the health of the residents of the Xational Capital, both tem- 
porary and permanent, that the low lands in front of the city, now 
subject to tidal overflow, should be reclaimed. In their present condi- 
tion these flats obstruct the drainage of the city, and are a dangerous 
source of malarial i)oison. The reclamation will improve the naviga- 
tion of the river by restricting and consequently deepening its chan- 
nel, and is also of importance, when considered in connection with the 
extension of the public ground and the enlargement of the park west 
and south of the Washington Monument. The report of the board of 
survey, heretofore ordered by act of Congress, on the improvement of 
the harbor of Washington and Georgetown, is respectfully commended 
to consideration. 

The report of the Commissioners of the District of Columbia presents 
a detailed statement of the affairs of the District. 

The relative expenditures by the United States and the District for 
local purposes is contrasted, showing that the expenditures by the 
people of the District greatly exceed those of the General Government. 
The exhibit is made in connection with estimates for the requisite re- 
pair of the defective pavements and sewers of the city, which is a- work 
of immediate necessity; and, in the same connection, a plan is presented 
for the permanent funding of the outstanding securities of the Dis- 
trict. 

The benevolent, reformatory, and penal institutions of the District 
are all entitled to the favorable attention of Congress. The Reform 
School needs additional buildings and teachers. Appropriations which 
will ])lace all of these institutions in a ccmdition to become models of 
usefulness and beneticence, will be regarded by the country as liber- 
ality wisely bestowed. 

The Commissioners, with evident justice, request attention to the 
discrimination made by Congress against the District in the donation 
of land for the sui)port of the public schools, and ask that the same 
liberality that has been shown to the inhabitants of the various States 
and Territories of the United States may be extended to the District 
of Columbia. 

The Commissioners also invite attention to the damage inflicted upon 
public and private interests by the present location of the depots and 
switching-tracks of the several railroads entering the city, and ask for 
legislation looking to their removal. The recommendations and sug- 
gestions contained in the report will, I trust, receive the careful con- 
sideration of Congress. 



LETTERS AND MESSAGES. 137 

Sufficient time lias, perhaps, not elapsed since the reorganization of 
government of the District, under the recent legislation of Congress, 
for the expression of a confident opinion as to its successful operation y 
but the practical results already attained are so satisfactory that the 
friends of the new government may well urge upon Congress the 
wisdom of its continuance, without essential modification, until, by 
actual experience, its advantages and defects may be more fully ascer- 
tained. 

E. B. HAYES. 

Executive Mansion, December 2, 1878. 



M:ESSA.aE 



SENATE OF THE UNITED STATES, TRANSMITTING INFORMATION CON- 
CERNING POSTAL AND COMMERCIAL INTERCOURSE BETWEEN 
THE UNITED STATES AND SOUTH AMERICAN COUNTRIES. 



DECEMBER 17, 1878. 



i 



MESSAGE. 



To THE Senate of the United States: 

In answer to the resolution of the Senate of the 5th instant, request- 
ing the transmission to the Senate of " any information which may have 
been received by the Departments concerning postal and commercial 
intercourse between the United States and South American countries, 
together with any recommendations desirable to be submitted of meas- 
ures to be adopted for facilitating and improving such intercourse," I 
transmit herewith reports from the Secretary of State and the Postmas- 
ter-General, with accompanying papers. 

The external commerce of the United States has for many years been 
the subject of solicitude, because of the outward drain of the precious 
metals it has caused. For fully twenty years previous to 1877, the ship- 
ment of gold was constant and heavy, so heavy during the entire period 
of the suspension of specie payments as to preclude the hope of resump- 
tion safely during its continuance. In 1876, however, vigorous efforts 
were made by enterprising citizens of the country, and have since been 
continued, to extend our general commerce with foreign lands, espe- 
cially in manufactured articles, and these efforts have been attended 
with very marked success. 

The importation of manufactured goods was at the same time reduced 
in an equal degree, and the result has been an extraordinary reversal 
of the conditions so long prevailing, and a complete cessation of the 
outward drain of gold. The official statement of the values represented 
in foreign commerce Avill show the unprecedented magnitude to which 
the movement has attained, and the protection thus secured to the 
public interests at the time when commercial security has become indis- 
pensable. 

The agencies through which this change has been effected must be 
maintained and strengthened, if the future is to be made secure. A 
return to excessive imports, or to a material decline in export trade, 
would render possible a return to the former condition of adverse bal- 
ances, with the inevitable outward drain of gold as a necessary conse- 
quence. Every element of aid to the introduction of the products of 
our soil and manufactures into new markets should be made available. 



142 LETTERS AND MESSAGES. 

At present, sucli is the favor in which nuinj' of the products of the 
United States are hekl, that they obtain a renmnerative distribution, 
notwithstanding positive differences of cost resulting from our defective 
sliipping, and the imperfection of our arrangements in every respect, 
in comparison with those of our comijetitors, for conducting trade with 
foreign markets. 

If we liave equal commercial facilities we need not fear competition 
anywhere. 

Tlie laws have now directed a resumption of financial equality with 
other Nations, and have ordered a return to the basis of coin values. 
It is of the greatest importance that the commercial condition now for- 
tunately attained shall be made permanent, and that our rapidly in- 
creasing export trade shall not be allowed to suffer for want of the 
ordinary means of communicati<m with other countries. 

The accompanying reports contain a valuable and instructive sum- 
mary of information with respect to our commercial interests in South 
America, where an inviting field for the enterprise of our people is pre- 
sented. They are transmitted with the assurance that any measures 
that may be enacted in furtherance of these important interests will 
meet with my cordial approval. 

E. B. HAYES. 

ExECi^TiVE Mats^sion, December 17, 1878. 



To THE President: 

The Secretary of State, to whom was referred the resolution of the 
Senate of the 5th instant, requesting the President to transmit to the 
Senate "any information which may have been received by the De- 
partments concerning postal and commercial intercourse between the 
United States and South American countries, together with any recom- 
mendations desirable to be adopted for facilitating and improving such 
intercourse," has the honor to lay before the President copies of des- 
patches from the diplomatic agents of the United States accredited to 
the Governments of South America, touching the subject-matter of the 
resolution ; and also, as coming within the purview thereof, copies of 
a report and its annexes, presented to this Department by Mr. J. W. 
Fralick, upon his return from an extended journey through the leading 
States of South America. * * * 

With reference to the request of the Senate for " any recommenda- 
tions desirable to be submitted of measures to be adopted for facilitat- 
ing and impro^ing" postal and commercial intercourse, the Secretary 



LETTERS AND MESSAGES. 145 

of State, without eutering into an extended discussion of the very im. 
portant and interesting- topics suggested by the papers submitted, 
respectfully calls attention to certain manifest conclusions which all 
these reports tend to support. 

I. It seems to be very evident that the provision of regular steam 
postal communication, by aid from Government, has been the forerunner 
of the commercial predominance of Great Britain in the great marts of 
Central and South America, both on the Pacific and Atlantic coasts of 
the continent. It is no less apparent that the eftbrts of other European 
Nations, Germany, France, and Italy, to share in this profitable trade 
have been successful in proportion with their adoption of regular steam 
postal communication with the several markets whose trade they 
sought. 

II. These papers show, also, that the enterprise and sagacity thus, 
shown by European aSratious have actually reversed the advantage which 
our geographical position gives us in relation to this extensive com- 
merce of the American hemisphere. The commercial correspondence 
of our merchants with the trading points on the east and west coasts 
crosses the Atlantic twice to make a jiostal connection in a circuit of 
trade which has its beginning and its end on our own continent. The 
statistics of our limited trade under this extraordinary disadvantage,, 
show that the growing preference for our products in these South 
American markets insist upon being gratified, even at the cost of a. 
circuit of importation which carries our merchandise to Europe and 
incorporates it as a contribution to the volume and the i)rofits of Eu- 
ropean South American trade. No stronger demonstration of the ten- 
dency of commerce to follow in the train of postal communication can 
be conceived than this vast and expensive circuit of importation resorted 
to in default of direct opportunities between the countries of demand 
and supply. 

III. It would seem from these reports that the merchants and the 
comnumities, no less than the Governments, of these countries strongly 
desire an enlargement of direct trade with the United States. With 
all the advantages of foreign commerce supplied by the existing Eu- 
ropean arrangements for its prosecution, these markets perceive that 
this unnatural circuit, when the resources of the United States could 
sui>ply a direct trade in its place, must be at the expense of the party 
subjected to the system and the profit of the party which administers 
and controls it. Everywhere there is shown a great desire to expand 
their trade with the United States, and even the least prosperous, 
exchequers of these Governments are ready to be opened to share in 



144 LETTERS AND MESSAGES. 

the expenses of steam postal communications, of whose value in pro- 
moting foreign commerce their own experience furnishes irrefragable 
proof. 

IV. While mfiny less immediate and less simple measures, about 
which judgments may not readily concur, may jiroperiy be canvassed 
by our people, now eager for a restoration and extension of foreign 
commerce, ux)on this one simple and first step of direct, regular, and 
frequent steam j^ostal communication between the United States and 
the principal commercial ports of Central and South America there 
would seem to be no room for doubt. 

If this be so, it is obviously the dictate of interest and duty, on the 
part of the Government, to promote by every just and appropriate 
means the attainment of this first and principal agency for the desired 
expansion of our foreign commerce. It is difficult to understand how 
this commencement and development of an ocean postal system, to be 
a forerunner of the expected trade, can be wholly trusted to the mere 
interests of mercantile combinations. 

The Governments of the foreign States with wliich this commerce 
is to be opened are ready to take their part in the public expense of 
this postal communication with us, and the participation or non-parti- 
cipation by the United States in this public expense seems to be the 
turning-point in the acceptance or rejection of the reciprocal trade now 
proffered us. 

WM. M. EVAKTS. 

Department of State, 

Washington, December 17, 1878. 



TO THE 

SENATE OF THE UNITED STATES, TRANSMITTING A LETTER FROM THE 
SECRETARY OF THE TREASURY, WITH ACCOMPANYING DOCU- 
MENTS, RELATING TO THE NEW YORK CUSTOM-HOUSE. 

JANUARY 31, 1879. 



10 



MESSAGE. 



To THE Senate: 

I transmit herewith a letter of the Secretary of the Treasury, in rela- 
tion to the suspension of the late collector and naval officer of the port 
of New York, with accompanying documents. 

In addition thereto I respectfully submit the following observations: 
The custom-house in New York collects more than two-thirds of all 
the customs revenues of the Government. Its administration is a mat- 
ter not of local interest merely, but is of great importance to the people 
of the whole country. For a long period of time it has been used to 
manage and control political affairs. The officers suspended by me 
are, and for several years have been, engaged in the active personal 
management of the party politics of the city and State of New York. 
The duties of the offices held by them have been regarded as of sub- 
ordinate importance to their partisan work. Their offices have been 
conducted as part of the political machinery under their control. They 
have made the custom-house a centre of partisan political manage- 
ment. 

The custom-house should be a business office. It should be con- 
ducted on business principles. General James, the postmaster of New 
York city, writing on the subject, says: "The post office is a business 
institution, and should be run as such. It is my deliberate judgment 
that I and my subordinates can do more for the party of om- choice by 
giving the people of this city a good and efficient postal service than 
by controlling primaries or dictating nominations." The New York 
custom-house should be placed on the same footing with the New York 
post office. But under the suspended officers the custom-house would 
be oue of the principal x^olitical agencies in the State of New York. 
To change this, they profess to believe, would be, in the language of 
Mr. Cornell, in his response, "to surrender their personal and political 
rights." 

Convinced that the people of New York, and of the country gen- 
erally, wish the New York custom-house to be administered solely with 
a view to the public interest, it is my purpose to do all in my power to 
introduce into this great office the reforms which the country desires. 



r 



LETTERS AND MESSAGES. 

With my information of the facts in the case, and with a deep sense 
of the responsible obligation imposed upon me by the Constitution, to 
"take care that the laws be faithfully executed," I regard it as my plain 
duty to suspend the officers in question, and to make the nominations 
now before the Senate, in order that this important office may be hon- 
estly and efficiently administered. 

E. B. HAYES. 

Executive Mansion, January 31, 1879. 



J 



LETTER 



GENERAL E. A. MEERITT, OOLLEOTOE OF CUSTOMS, 
NEW YOEK CITY. 

FEBRUARY 4, 1879. 



J 



LETTER 



Executive Mansion, 

Washington, February 4, 1879. 

Dear General : I congratulate you on your confirmation. It is a 
great gratification to your friends, very honorable to you, and will 
prove, I believe, of signal service to the country. 

My desire is that your office shall be conducted on strictly business 
principles, and according to the rules which were adopted, on the rec- 
ommendation of the Civil- Service Commission, by the administration of 
General Grant. In making appointments and removals of subordinates, 
you sliould be perfectly independent of mere influence. Neither my 
recommendation nor that of the Secretary of the Treasury, nor the 
recommendation of any member of Congress, or other influential person, 
should be specially regarded. Let appointments and removals be made 
on business principles, and by fixed rules. There must be, I assume, a 
few places the duties of which are confidential, and which should be 
filled by those whom you personally know to be trustworthy; but re- 
strict the area of patronage to the narrowest possible limits. Let no 
man be put out merely because he is a friend of the late collector, and 
no man be put in merely because he is our friend. I am glad you ap- 
prove of the message sent to the Senate. I wish you to see that aU 
that is expressed in it, and all that is implied in it, is faithfully carried 
out. 

With the assurance of my entire confidence, 

I remain, sincerely, 

R. B. HAYES. 

General E. A. Merritt, 

Collector of Customs, New Yorlc. 



]M E S S ^ GT E 

RETURNING TO 

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT TO 

RESTRICT THE IMMIGRATION OF CHINESE TO THE 

UNITED STATES." 

MARCH 1, 1879. 



MESSAGE 



To THE House of Representatives: 

After a very careful consideration of House bill No. 2423, entitled 
"An act to restrict the immigration of Chinese to the United States,'^ 
I herewith return it to the House of Eepresentatives, in which it origi- 
nated, with my objections to its passage. 

The bill, as it was sent to the Senate from the House of Representa- 
tives, was confined in its provisions to the object named in its title, 
which is that of "An act to restrict the immigration of Chinese to the 
United States." The only means adopted to secure the proposed ob- 
ject was a limitation on the number of Chinese passengers which might 
be brought to this country by any one vessel to fifteen, and as this 
number was not fixed in any proportion to the size or tonnage of the 
vessel, or by any consideration of the safety or the accommodation of 
these passengers, the simple purpose and effect of the enactment were 
to repress this immigration to an extent falling but little short of its 
absolute exclusion. 

The bill, as amended in the Senate and now presented to me, in- 
cludes an independent and additional provision which aims at, and in 
terms requires, the abrogation by this Government of articles 5 and 6 
of the treaty with China, commonly called the Burlingame treaty, 
through the action of the Executive enjoined by this provision of the 
act. 

The Burlingame treaty, of which the ratifications were exchanged at 
Peking, November 23, 18C9, recites as the occasion and motive of its 
negotiation by the two Governments that "since the conclusion of the 
treaty between the United States of iVmerica and the Ta Tsing Empire 
(China) of the 18th of June, 1858, circumstances have arisen showing the 
necessity of additional articles thereto," and proceeds to an agreement 
as to said additional articles. These negotiations, therefore, ending by 
the signature of the additional articles July 28, 18G8, had for their object 
the completion of our treaty rights and obligations toward the Gov- 
ernment of China by the incorporation of these new articles as, thence- 
forth, parts of the principal treaty to which they are made supplemental. 
Upon the settled rules of interjiretation apjdicable to such supple- 
mental negotiations, the text of the principal treaty and of these "addi- 



156 LETTERS AND MESSAGES. 

tional articles tliereto" constitute one treaty, from the conclusion of the 
new negotiations, in all parts of equal and concurrent force and obli- 
gation between the two Governments, and to all intents and purposes 
as if embraced in one instrument. 

The principal treaty, of which the ratifications were exchanged Au- 
gust IG, 1859, recites that " the United States of America and the Ta 
Tsing Empire desiring to maintain firm, lasting, and sincere friendship, 
have resolved to renew, in a manner clear and positive, by means of a 
treaty or general convention of peace, amity, and commerce, the rules 
of which shall in future be mutually observed in the intercourse of their 
respective countries," and j)i'Oceeds, in its thirty articles, to lay out a 
careful and comprehensive system for the commercial relations of our 
people with China. The main substance of all the provisions of this 
treaty is to define and secure the rights of our people in respect of 
access to, residence and protection in, and trade with China. The 
actual provisions in our favor, in these respects, were framed to be, and 
have been found to be, adequate and appropriate to the interests of our 
commerce, and by the concluding article we receive the important 
guarantee, " that should at any time the Ta Tsing Emi)ire grant to any 
Nation, or the merchants or citizens of any Nation, any right, privilege, 
or favor connected either with navigation, commerce, political or 
other intercourse which is not conferred by this treaty, such right, 
privilege, and favor shall at once freely inure to the benefit of the 
United States, its public officers, merchants, and citizens." Against 
this body of stipulations in our favor, and this permanent engagement 
of equality in respect of all future concessions to foreign Nations, the 
general promise of permanent peace and good offices on our jiart seems 
to be the only equivalent. For this the first article untlertakes as fol- 
lows : "There shall be, as there have always been, i)eace and friendship 
between the United States of America and the Ta Tsing Emi»ire, and 
between their peojde res])ectiv^ely. They shall not insult or oppress 
each other for any trifling cause, so as to produce an estrangement be- 
tween them ; and if any other Nation should act unjustly or oppressively, 
the United States will exert their good offices, on being informed of 
the case, to bring about an amicable arrangement of the <iuestion, thus 
showing their friendly feelings." 

At the date of the negotiation of this treaty our Pacific possessions 
had attracted a considerable Chinese immigration, and the advantages 
and the inconveniences felt or feared therefrom had become more or 
less manifest, but they dictated no stipulations on the subject to be 
incorporated in the treaty. The year 1S()8 was niaiked by the striking 



LETTERS AND MESSAGES. 157 

event of a spontaneous embassy from the Chinese Empire, lieaded by 
an American citizen, Anson Bnrlin^ame, who liad relinquished his 
diplomatic representation of his own country in China to assume that 
of the Chinese Empire to the United States and the European i^ations. 
By this time the facts of the Chinese immigration and its nature and 
intluences, present and prospective, had become more noticeable, and 
were more observed by the population immediately aftected, and by 
this Government. The principal feature of the Burlingame treaty was 
its attention to and its treatment of the Chinese immigration and the 
Chinese as forming, or as they should form, a part of our population. 
Up to this time our uncovenanted hospitality to immigration, our fear- 
less liberality of citizenship, our equal and com])rehensive justice to all 
inhabitants, whether they abjured their foreign nationality or not, our 
civil freedom and our religious toleration, had made all comers wel- 
come, and under these protections the Chinese, in considerable num- 
bers, had made their lodgment upon our soil. 

The Burlingame treaty undertakes to deal with this situation, and 
its fifth and sixth articiles embrace its most important i)rovisions in this 
regard, and the main stipulations in which the Chinese Government 
has secured an obligatory protection of its subjects within our territory. 
They read as follows : 

"Article V. The United States of America and the Kmi)eror of 
China cordially recognize the inherent and inalienable right of nmn to 
change his home an<l allegiance, and also the nuitual advantage of the 
free migration and emigration of their citizens and subjects respectively 
from the one country to the other for i)urposes of curiosity, of trade, or 
as permanent residents. The high contracting parties, therefore, join 
in reprobating any other than an entirely voluntary emigration for 
these purposes. They consequently agree to pass laws nuiking it a 
penal oftence for a citizen of the United States or Chinese subjects to 
take Chinese subjects either to the United States or to any other for- 
eign country, or Ibr a Chinese subject or citizen of the United States 
to take citizens of the United States to China or to any other foreign 
country without their free and voluntary consent, respectively. 

"Article VI. Citizens of the United States visiting or residing in 
China shall enjoy the same privileges, imnuinities, or exemptions, in 
respect to travel or residence, as may there be enjoyed by the citizens 
or subjects of the most favored Nation; and, reciprocally, Chinese sub- 
jects visiting or residing in the United States shall enjoy the same 
"privileges, immunities, and exemptions, in respect to travel or residence, 
as may there be enjoyed by the citizens or subjects of the most favored 
Nation. But nothing herein contained shall be held to confer naturali- 
zation upon citizens of the United States in China, nor upon the sub- 
jects of China in the United States." 

An examination of these two articles, in the light of the experience 
then influential in suggesting their "necessity," will show that the 



158 LETTERS AND MESSAGES. 

fifth article was framed in hostility to what seemed the principal mis- 
chief to be guarded against, to wit, the introduction of Chinese laborers 
by methods which should have the character of a forced and servile 
importation, and not of a voluntary emigration of freemen seeking our 
shores ui)on motives and in a manner consonant with the system of our 
institutions and approved by the experience of the Kation. Unques- 
tionably the adhesion of the Government of China to these liberal prin- 
ciples of freedom in emigration, with which we were so familiar, aud 
with which we were so well satisfied, was a great advance toward open- 
ing that Empire to our civilization and religion, and gave promise in 
the future of greater and greater practical results in the diffusion 
throughout that great population of our arts aud industries, our manu- 
factures, our material improvements, and the sentiments of government 
and religion, which seem to us so important to the welfare of mankind. 
The first clause of this article secures this acceptance by China of the 
American doctrines of free migration to and fro among the peoples and 
races of the earth. 

The second clause, however, in its reprobation of "any other than 
entirely voluntary emigration" by both the high contracting parties, 
and in the reciprocal obligations, whereby we secured the solemn and 
unqualified engagement on the part of the Government of China "to 
pass laws making it a penal offence for a citizen of the United States 
or Chinese subjects to take Chinese subjects either to the United States 
or to any other foreign country without their free and voluntary con- 
sent," constitutes the great force and value of this article. Its impor- 
tance, both in principle and in its practical service toward our protec- 
tion against servile importation in the guise of immigration, cannot be 
over-estimated. It commits the Chinese Government to active and 
efficient measures to suppress this iniquitous system where those meas- 
ures are most necessary and can be most effectual. It gives to this 
Government the footing of a treaty right to such measures and the 
means and opportunity of insisting upon their adoption, and of com- 
plaint and resentment at their neglect. The fifth article, therefore, if 
it fall short of what the pressure of the later exi)erience of our 
I*acific States may urge upon the attention of this Government as essen- 
tial to the public welfare, seems to be in the right direction, and to con- 
tain important advantages, which, once relinquished, cannot be easily 
recovered. 

The second topic which interested the two Governments under the 
actual condition of things which prompted the Burlingame treaty was 
adequate protection under the solemn and definite guarantees of a 



LETTERS AND MESSAGES. 159 

treaty of the Chinese already in this country and those who should seek 
our shores. This was the object and forms the subject of the sixth 
article, by whose reciprocal engagement the citizens and subjects of 
the two Governments, respectively, visiting or residing in the country 
of the other, are secured the same privileges, immunities, or exemp- 
tions, there enjoyed by the citizens or subjects of the most favored 
Nations. The treaty of 1858, to which these articles are made supple- 
mental, provides for a great amount of privilege and protection, both 
of person and property, to American citizens in China; but it is upon 
this sixth article that the main body of the treaty-rights and securities 
of the Chinese already in this country depends. Its abrogation, were 
the rest of the treaty left in force, would leave them to such treatment 
as we should voluntarily accord them by our laws and customs. Any 
treaty obligation would be wanting to restrain our liberty of action 
toward them, or to measure or sustain the right of the Chinese Govern- 
ment to complaint or redress in their behalf. 

The lapse of ten years since the negotiation of the Burlingame treaty 
has exhibited to the notice of the Chinese Government, as well as to 
our owu people, the working of this experiment of immigration in great 
numbers of Chinese laborers to this country, and their maintenance 
here of all the traits of race, religion, manners and customs, habita- 
tions, mode of life, and segregation here, and the keeping up of the 
ties of their original home, which stamp them as strangers and sojourn- 
ers, and not as incorporated elements of our national life and growth. 
This experience may naturally suggest the reconsideration of the sub- 
ject, as dealt with by the Burlingame treaty, and may properly become 
the occasion of more direct and circumspect recognition, in renewed 
negotiations, of the difiiculties surrounding this political and social 
problem. It may well be that, to the apprehension of the Chinese 
Government, no less than our own, the simple pro\isions of the Burlin- 
game treaty may need to be replaced by more careful methods, secur- 
ing the Chinese and oiu-selves against a larger and more rapid infusion 
of this foreign race than our system of industry and society can take 
up and assimilate with ease and safety. This ancient Government, 
ruling a polite and sensitive people, distinguished by a high sense of 
national pride, may properly desire an adjustment of their relations 
with us, which would in all things confirm, and in no' degree endanger, 
the permanent peace and amity and the growing commerce and pros- 
perity, which it has been the object and the effect of our existing treaties 
to cherish and perpetuate. 
I regard the very grave discontents of the people of the Pacific 



160 LETTERS AND MESSAGES. 

States with the present working of the Chinese immigration, and their 
still graver apprehensions therefrom in the future, as deserving the 
most serious attention of the people of the whole country, and a solicit- 
ous interest on the part of Congress and the Executive. If this were 
not my own judgment, the passage of this bill by both Houses of Con- 
gress would impress upon me the seriousness of the situation, when a 
majority of the representatives of the people of the whole country had 
thought it to justify so serious a measure of relief. 

The authority of Congress to terminate a treaty with a foreign power 
by exj>ressing the will of the Nation no longer to adhere to it, is as free 
from controversy under our Constitution as is the further proposition 
that the power of making new treaties or modifying existing treaties is 
not lodged by the Constitution in Congress, but in the President, by 
and with the advice and consent of the Senate, as shown by the con- 
currence of two-thirds of that body. A denunciation of a treaty hy any 
Government is, confessedlj^ justifiable only upon some reason both of 
the highest justice and of the highest necessity. The action of Con- 
gress in the matter of the French treaties, in 1879, if it be regarded as 
an abrogation by this Nation of a subsisting treaty, strongly illustrates 
the character and degree of justification which was then thought suit- 
able to such a proceeding. The preamble of the act recites that " the 
treaties concluded between the United States and France have been 
repeatedly \dolated on the iiart of the French Government, and the just 
claims of the United States for reparation of the injuries so committed 
have been refused, and their attempts to negotiate an amicable adjust- 
ment of all complaints between the two Nations have been repelle<l with 
indignity ;" and that '' under authority of the French Government there 
is yet pursued against the United States a system of predatory vio- 
lence, infracting the said treaties, and hostile to the rights of a free 
and independent Nation." 

The enactment, as a logical conseipience of these recited facts, de- 
clares that the United States are of right freed and exonerated from 
the stipulations of the treaties and of the consular convention hereto- 
fore concluded between the United States and France, and that the 
same shall not henceforth be regarded as legally obligatory on the 
Government or citizens of the United States." 

The history of the Government shows no other instance of an abroga- 
tion of a treaty by Congress. 

• Instances have sometimes occurred where the ordinary legislation of 
Congress has, by its conflict with some treaty obligation of the Govern- 
ment toward a foreign Power, taken effect as an infraction of the treaty, 



LETTERS AND MESSAGES. 161 

and been judicially declared to be operative to that result. But neither 
such legislation nor such judicial sanction of the same has been re- 
garded as an abrogation, even for the moment, of the treaty. On the 
contrary, the treaty in such case still subsists between the Govern- 
ments, and the casual infraction is repaired by api^ropriate satisfaction 
in maintenance of the treaty. 

The bill before me does not enjoin upon the President the abrogation 
of the entire Burlingame treaty, much less of the principal treaty of 
which it is made the supplement. As the power of modifying an exist- 
ing treaty, whether by adding or striking out provisions, is a part <^f 
the treaty-making power under the Constitution, its exercise is not com- 
petent for Congress; nor would the assent of China to this partial abro- 
gation of the treaty make the action of Congress, in thus procuring an 
amendment of a treaty, a competent exercise of authority under the 
Constitution. The importance, however, of this special consideration 
seems superseded by the principle that a denunciation of a part of a 
treaty, not made by the terms of the treaty itself separable from the 
rest, is a denunciation of the whole treaty. As the other high contract- 
ing party has entered into no treaty obligations except such as inchule 
the part denounced, the denunciation by one party of the part neces- 
sarily^ liberates the other party from the whole treaty. 

I am convinced that, whatever urgency might in any quarter or by 
any interest be supposed to require an instant suppression of further 
emigration from China, no reasons can require the immediate with- 
drawal of our treaty protection of the Chinese already in this country, 
and no circumstances can tolerate an exposure of our citizens in China, 
merchants or missionaries, to the consequences of so sudden an abro- 
gation of their treaty protections. Fortunately, however, the actual 
recession in the flow of the emigration from China to the Pacific coast, 
shown by trustworthy statistics, relieves us from any apprehension that 
the treatment of the subject in the proper course of diplomatic nego- 
tiations will introduce any new features of discontent or disturbance 
among the communities directly affected. Were such delay fraught 
with more inconveniences than have ever been suggested by the in- 
terests most earnest in promoting this legislation, I cannot but regard 
the summary disturbance of our existing treaties with China as greatly 
more inconvenient to much wider and more permanent interests of the 
country. 

I have no occasion to insist upon the more general considerations of 
interest and duty which sacredly regard the faith of the Nation in 
whatever form of obligation it may have been given. These sentiments 
11 



162 LETTERS AND MESSAGES. 

animate the deliberations of Congress and jjervade the minds of our 
whole people. Our history gives little occasion for any reproach in this 
regard, and in asking the renewed attention of Congress to this bill, I 
am persuaded that their action will maintain the public duty and the 
public honor. 

E. B. HAYES. 
Executive Mansion, March i, 1879. 



LETTERS AND MESSAGES. 163 



After mature consideration of House bill No. 2423, entitled "An act 
to restrict the immigration of Chinese to the United States," I am con- 
strained by my convictions of duty to return it, with my objections to 
its passage, to the House of Representatives, in which it originated. 

The seventh section of the bill is as follows : 

" That this act shall take effect from and after the 1st day of July, 
1879; and the President of the United States shall, immediately on the 
approval of this act, give notice to the Government of China of the ab- 
rogation of the articles 5 and 6 of the additional articles of the treaty 
of June 18, 1858, between the United States and China, proclaimed 
February 5, 1870, commonly called the Burlingame treaty." 

The following- are the articles of the treaty between the United States 
and China named in the foregoing section of the bill, and which, by its 
approval, would be immediately abrogated, viz: 

"Article V. The United States of America and the Emperor of 
China cordially recognize the inherent and inalienable right of man to 
change his home and allegiance, and also the mutual advantage of the 
free migration and emigration of their citizens and subjects, respec- 
tively, from the one country to the other, for purposes of curiosity, of 
trade, or as permanent residents. The high contracting parties, there- 
fore, join in reprobating any other than an entirely voluntary emigra- 
tion for these purposes. They consequently agree to pass laws making 
it a penal offence for a citizen of the United States or Chinese subjects 
to take Chinese subjects either to the United States or to any other 
foreign country, or for a Chinese subject or citizen of the United States 
to take citizens of the United State's to China or to any other foreign 
country without their free and voluntary consent, respectively. 

"Article VI. Citizens of the United States visiting or residing in 
China shall enjoy the same privileges, immunities, or exemptions, in 
respect to travel or residence, as may there be enjoyed by the citizens 
or subjects of the most favored Nation; and, reciprocally, Chinese sub- 
jects visiting or residing in the United States shall enjoy the same 
privileges, immunities, and exemptions, in respect to travel or resi- 
dence, as may there be enjoyed by the citizens or subjects of the most 
favored Nation. But nothing herein contained shall be held to confer 
naturalization upon citizens of the United States in China, nor upon 
the subjects of China in the United States." 

The Burlingame treaty of 18G8, which contains the foregoing articles, 
was, as its title shows, an addition to the treaty of 1858, commonly 
known as the Eead treaty, and, together with that treaty, establishes 
and regidates the present relations between this country and China. 
These treaty relations were not formed on the solicitation of that Em- 
pire. They are of our seeking, and are the work of our own statesmen. 
Mr. Burlingame was sent to China as minister of the United States in 
18G1. In 1867 he announced his purpose to resign his place as minis- 
ter of the United States, in order to become the minister of China to 



164 LETTERS AND MESSAGES. 

the United States ; and in 1868 lie came to Waslnngton as tlie repre- 
sentative of ('lima, one of a coniinission of whioli be was the head, and 
over wliieh he had control. In June, 1868, he, with the then Secretary 
of State, Mr. Seward, negotiated the present treaty between the United 
States and China. It was ratified by the Senate with the almost uni- 
versal approval of the peojile of the United States, and, having been 
sent to China, was afterwards ratified by that Empire. 

Under the guarantees of protection aflbrded bj' this treaty, subjects 
of China, to the number of probably not less than one hundred thou- 
sand, are now domiciled in the United States. In like manner, Ameri- 
can citizens, in comparatively much smaller numbers, however, engaged 
as missionaries, merchants, and mechanics, are now in China, protected 
by the provisions of this treaty. Commercial and manufacturing" en- 
terprises, already of considerable magnitude and rapidly increasing in 
importance, are dependent on the continuance of favorable treaty rela- 
tions between the United States and China. If these relations are now 
to be terminated by the abrogation of essential parts of the existing 
treaty by the sole action of the United States, on what ground is such 
action to be taken ? The bill under consideration contains no recital 
of the causes which are believed by its supporters to justify the abro- 
gation of solemn treaty stipulations. Every important fact in regard 
to the object of the bill which is now urged in its support existed and 
was perfectly well known in 1868, when the treaty was ratified by the 
United States. The immigration in question had continued for twenty 
years, and its character and tendency were fully understood, and had 
been considered and discussed by legislative bodies and by the people. 
No grave and sudden change of conditions has occurred. Xo unfore- 
seen emergency exists. The case stands almost precisely as it has 
stood for nearly a quarter of a century. Let it be admitted that the 
dangers apprehended from a longer continuance of the Chinese immi- 
gration require consideration and action ; they surely do not require a 
departure from the well-settled principles and usages of Nations in their 
intercourse with each other, and in regard to the observance of treaties. 
We should deal with China in this matter precisely as we would expect 
and wish other Nations to deal with us under similar circumstances. 
The peremptory abrogation of a part of this treaty without negotiation 
M ith China, and without her consent, is the abrogation of the whole. 
The abrogation of a treaty by one of the contracting parties is justifi- 
able only upon reasons both of the highest justice and of the highest 
necessity. To do this without notice; without fixing a day in advance 
when the act shall take effect; Avithout aftbrding an opportunity to 



LETTERS AND MESSAGES. 165 

China to be heard ; and withont the happening of any grave or unfore- 
seen emergency, will be regarded by the enlightened judgment of man- 
kind as the denial of the obligation of the national faith. 

Entertaining this view of the bill before me, I am compelled to with- 
hold from it my signature, and to return it to the House of Eepresenta- 
tives, in which it originated, for that further consideration which the 
Constitution requires. 

E. B. HAYES. 

Executive Mansion, 2Iarch 1, 1879. 



II 



PROCLAMATION 



CONVENING 



THE TWO HOUSES OF CONGRESS. 



MARCH 4, 1879. 






PROCLAMATION 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PEOCLAMATION. 

Whereas the final adjoiirninent of the Forty-fifth Congress without 
making the usual and necessary appropriations for the legislative, 
executive, and judicial expenses of the Government for the fiscal year 
ending June 30, 1880, and without making the usual and necessary 
aj)j)roj)riations for the support of the Army for the same fiscal year, 
presents an extraordinary occasion, requiring the President to exercise 
the power vested in him by the Constitution to convene the Houses of 
Congress in anticipation of the day fixed by law for their next meeting : 

Now, therefore, I, Eutherford B. Hayes, President of the United 
States, do, by virtue of the power to this end in me vested by the 
Constitution, convene both Houses of Congress to assemble at their 
respective Chambers at twelve o'clock noon on Tuesday, the 18th day 
of March, instant, then and there to consider and determine such 
measures as, in their wisdom, their duty and the welfare of the i)eoj)le 
may seem to demand. 

In witness whereof I have hereunto set my hand, and caused the seal 
of the United States to be affixed. 

Done at the city of Washington this 4th day of March, A. D. 1879, 

[SEAL 1 ^^^ ^^ *^^ Independence of the United States of Amer- 
ica the one hundred and third. 

E. B. HAYES. 

By the President : 
Wm. M. Evarts, 

/Secretary of StateH 



I 



jnj: E s s ^ GMi: 



TWO HOUSES OF CONGRESS AT THE COMMENCEMENT OF THE FIKST 
SESSION OF THE FOETY-SIXTH OONGEESS. 



MARCH 19, 1879. 



MESSAGE 



Fellow-Citizens of the Senate 

AND House of Eepresentatives : 

The failure of the last Congress to make the requisite appropriatious 
for legislative and judicial puri)oses, for the expenses of the several 
Executive Departments of the Government, and for the support of the 
Army, has made it necessary to call a si)ecial session of the Forty-sixth 
Congress. 

The estimates of the appropriations needed, which were sent to" 
Congress by the Secretary of the Treasury at the opening of the last 
session, are renewed, and are herewith transmitted to both the Senate 
and the House of Eepresentatives. 

Eegretting the existence of the emergency which requires a special 
session of Congress at a time when it is the general judgment of the 
country that the i)ublic welfare will be best promoted by permanency 
in our legislation and by peace and rest, I commend these few neces- 
sary measures to your considerate attention. 

EUTHERFORD B. HAYES. 

Washington, March 19, 1879. 



i 



PROCLAMATION 



IN REiLATION TO 



ILLEGAL SETTLEMEOTS IN THE INDIAN TERRITORY. 



APRIL 36, 1879 



\ 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PEOCLAMATIOK 

Whereas it has become kuowu to me that certain evil-disi)0sed i)er- 
sons have, within the territory and jurisdiction of the United States, 
begun and set on foot preparations for an organized and forcible i)08- 
session of and settlement upon the lands of what is known as the Indian 
Territory, west of the State of Arkansas, which Territory is designated, 
recognized, and described by the treaties and laws of the United States 
and by the Executive authorities as Indian country, and as such is only 
subject to occupation by Indian tribes, officers of the Indian Depart- 
ment, military posts, and such persons as may be privileged to reside 
and trade therein under the intercourse laws of the United States ; and 
whereas those laws provide for the removal of all persons residing 
and trading therein without express permission of the Indian Depart- 
ment and agents, and also of all persons whom such agents may deem 
to be improper persons to reside in the Indian country: 

Now, therefore, for the ijurpose of properly protecting the interests 
of the Indian nations and tribes, as well as of the United States in 
said Indian Territory, and of duly enforcing the laws governing the 
same, I, Eutherford B. Hayes, President of the United States, do 
admonish and warn all such persons so intending or preparing to re- 
move upon said lands or into said Territory, without permission of the 
proper agent of the Indian Dejiartment, against any attempt to so re- 
move or settle upon any of the lands of said Territory; and I do further 
warn and notify any and all such persons who may so offend, that they 
will be speedily and immediately removed therefrom by the agent ac- 
cording to the laws made and provided ; and if necessary the aid and 
assistance of the military forces of the United States will be invoked to 
carry into proper execution the laws of the United States herein 
referred to. 

In testimony whereof I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 
12 



178 LETTERS AND MESSAGES. 

Done at the city of Washington this twenty-sixth day of April, in 
the year of our Lord one thousand eight hundred and seventy- 
[SEAL.] nine, and of the Independence of the United States the one 
hundred and third. 

EUTHERFORD B. HAYES. 

By the President: 

Wm. M. Evarts, 

Secretary of State. 



MESSAGE 

RETURNING TO 

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT 

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE 

ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 

1880, AND FOR OTHER PURPOSES." 

APRIL. 99, 1879. 



MESSAGE. 



To THE House of Representatives: 

I have maturely considered the important questions presented by 
the bill entitled "An act making appropriations for the support of the 
Army for the fiscal year ending June 30, 1880, and for other purposes," 
and I now return it to the House of Representatives, in which it orig- 
inated, with my objections to its approval. 

The bill provides in the usual form for the appropriations required 
for the support of the Army during the next fiscal year. If it con- 
tained no other provisions, it would receive my j)romi)t approval. It 
includes, however, further legislation, which, attached as it is to appro- 
priations which are requisite for the efficient performance of some of 
the most necessary duties of the Grovernment, involves questions of the 
gravest character. The sixth section of the bill is amendatory of the 
statute now in force in regard to the authority of persons in the civil, 
military, and naval service of the United States, "at the place where 
any general or special election is held in any State." This statute was 
adopted February 25, 1865, after a protracted debate in the Senate, 
and almost without opposition in the House of Representatives, bj'^ the 
concurrent votes of both of the leading political ])arties of the country, 
and became a law by the approval of President Lincoln. It was re- 
enacted in 1874 in the Revised Statutes of the United States — sections 
2002 and 5528, which are as follows : 

"Sec. 2002. No military or naval officer or other person engaged in 
the civil, military, or naval service of the United States shall order, 
bring, keep, or have under his authority or control any troops or armed 
men at the place where any general or special election is held in any 
State, unless it be necessary to repel the armed enemies of the United 
States, or to keep the peace at the polls." 

"Sec. 5528. Every officer of the Army or Navy, or other person in 
the civil, military, or naval service of the United States, who orders, 
brings, keeps, or has under his authority or control any troops or 
armed men at any place where a general or special election is held in 
any State, unless such force be necessary to repel armed enemies of the 
United States or to keep the peace at the polls, shall be fined not more 
than $5,000, and suffer imprisonment at hard labor not less than three 
months nor more than five years." 

The amendment proposed to this statute, in the bill before me, omits 



182 LETTERS AND MESSAGES. 

from both of the foregoing sections the words "or to keep the peace at 
the polls." The effect of the adoption of this amendment may be con- 
sidered — 

First. Upon the right of the United States Government to use mili- 
tary force to keep the peace at the elections for members of Congress j 
and — 

Second. Upon the right of the Government, by civil authority, to 
protect these elections from \iolence and fraud. 

In addition to the sections of the statute above quoted, the follow- 
ing provisions of law relating to the use of the military power at the 
elections are now in force: 

" Sec. 2003. No officer of the Army or Navy of the United States 
shall prescribe or fix, or attem])t to prescribe or fix, by proclamation, 
order, or otherwise, the qualifications of voters in any State, or in any 
manner interfere with the freedom of any election in any State, or with 
the exercise of the free right of suffrage in any State." 

"Sec. 5529. Every officer or other person in the military or naval 
service who, by force, threat, intimidation, order, advice, or otherwise, 
prevents, or attempts to prevent, any qualified voter of any State,- from 
freely exercising the right of suffrage at any general or special election 
in such State, shall be fined not more than five thousand dollars, and 
imprisoned at hard labor not more than five years. 

" Sec. 5530. Every officer of the Army or ISfavy who prescribes or 
fixes, or attempts to prescribe or fix, whether by proclamation, order, 
or otherwise, the qualifications of voters at any election in any State, 
shall be punished as provided in the preceding section. 

"Sec. 5531. Every officer or other person in the military or naval 
service who, by force, threat, intimidation, order, or otherwise, compels, 
or attempts to compel, any officer holding an election in any State to 
receive a vote from a person not legally qualified to vote, or M^ho im- 
poses, or attempts to impose, any regulations for conducting any gen- 
eral or special election in a State different from those prescribed by law, 
or who interferes in any manner with auy officer of an election in the 
discharge of his duty, shall be punished as provided in section fifty-five 
hundred and twenty-nine. 

"Sioc. 5532. Every person convicted of any of the offences specified 
in the five i)receding sections shall, in addition to the punishments 
therein severally ])rescribe(l, be disqualified from holding any office of 
honor, profit, or trust under the United States; but nothing in those 
sections shall be construed to i)revent any officer, soldier, sailor, or 
marine from exercising the right of suffrage in any election district to 
which he may belong, if otherwise qualified according to the laws of 
the State in which he otters to vote." 

The foregoing enactments would seem to be sufficient to prevent 
military interference with -the elections. But the last Congress, to re- 
move all apprehension of such interference, added to this body of law: 

Section 15 of an act entitled "An act making appropriations for the 



LETTERS AND MESSAGES. 183 

support of the Army for the fiscal year ending June 30, 1879, and for 
other purposes," approved June 18, 1878, which is as follows : 

" Sec. 15. From and after the passage of this act it shall not be 
lawful to employ any part of the Army of the United States as a posse 
coniitatus, or otherwise, for the purpose of executing the laws, except 
in such cases and under such circumstances as such employment of said 
force may be expressly authorized by the Constitution or by act of 
Congress ; and no money appropriated by this act shall be used to pay 
any of the expenses incurred in the employment of any troops in vio- 
lation of this section, and any person wilfully \iolating the provisions 
of this section shall be deemed guilty of a misdemeanor, and on con- 
viction thereof shall be punished by fine not exceeding ten thousand 
dollars or imprisonment not exceeding two years, or by both such fine 
and imprisonment." 

This act passed the Senate, after full consideration, without a single 
vote recorded against it on its final passage, and, by a majority of more 
than two-thirds, it was concurred in by the House of Representatives. 

The purpose of the section quoted was stated in the Senate by one 
of its supporters as follows : 

"Therefore I hope, without getting into any controversy about the 
past, but acting wisely for the future, that we shall take away the idea 
that the Army can be used by a general or special deputy marshal, or 
any marshal, merely for election purposes as a posse, ordering them about 
the polls or ordering them anywhere else, when there is no election 
going on, to prevent disorders or to suppress disturbances that should 
be suppressed by the peace officers of the State, or, if they must bring 
others to their aid, they should summon the unorganized citizens, and 
not summon the officers and men of the Army as a jwsse coniitatus to 
quell disorders, and thus get up a feeling which will be disastrous to 
peace among the people of the country." 

In the House of Representatives the object of the act of 1878 was 
stated by the gentleman who had it in charge in similar terms. He 
said: 

"But these are all mnior points and insignificant questions compared 
with the great principle which was incor})orated by the House in the 
bill in reference to the use of the Army in time of peace. The Seiiate 
had already conceded what they called, and what we might accejjt, as 
the principle, but they had stricken out the penalty, and had stricken 
out the word ^ express!}/^'' so that the Army might be used in all cases 
where implied authority might be inferred. The House committee 
planted themselves firmly upon the doctrine that rather than yield this 
fundamental principle, for which for three years this House had strug- 
gled, they would allow the bill to fail — notwithstanding the reforms 
which we had secured — regarding these reforms as of but little conse- 
quence alongside the great principle that the Army of the United 
States, in time of peace, should be under the control of Congress, and 
obedient to its laws. After a long and protracted negotiation, the 
Senate committee have conceded that princii)le in all its length and 
breadth, including the penalty, which the Senate had stricken out. We 



184 lettp:rs and messages. 

bring you back, therefore, a report,* with the alteration of a single 
word, which the lawyers assure nie is proper to be made, restoring- to 
this bill the principle for which we have contended so long, and which 
is so vital to secure the rights and liberties of the people. 

******* 

"Thus have we, this day, secured to the people of this country the 
same great protection against a standing army which cost a struggle 
of two hundred years for the Commons of England to secure for the 
British i)eople." 

From this brief review of the subject, It sufficiently appears that, under 
existing laws, there can be no military interference with the elections. 
No case of such interference has, in fact, occurred since the passage of 
the act last referred to. No soldier of the United States has appeared 
under orders at any place of election in any State. No complaint even 
of the presence of United States troops has been made in any quarter. 
It may, therefore, be confidently stated that there is no necessity for 
the enactment of section six of the bill before me, to prevent military 
interference with the elections. The laws already in force are all that 
is required for that end. 

But that part of section six of this bill which is significant and 
vitally important, is the clause which, if adopted, will deprive the civil 
authorities of the Ignited States of all power to keep the peace at the 
Congressional elections. The Congressional elections in every district, 
in a very important sense, are justly a matter of political interest and 
concern throughout the whole country. Each State, every political 
party, is entitled to the share of power which is conferred b>' the legal 
and constitutional suffrage. It is the right of every citizen, possess- 
ing the qualifications prescribed by law, to cast one unintimidated 
ballot,. and to have his ballot honestly counted. So long as the exer- 
cise of this power and the enjoyment of this right are common and 
equal, practically as well as formally, submission to the results of the 
suffrage will be accorded loyally and cheerfully, and all the dejiart- 
ments of Government will feel the true vigor of the popular will thus 
expressed. 

Two provisions of the Constitution authorize legislation by (con- 
gress for the regulation of the Congressional elections. 

Section 4 of Article 1 of the C'onstitutiou declares— 

"The times, places, and manner of holding elections for Senators 
and Representatives shall be i)rescribe(l in each State by the Legisla- 
ture thereof; but the Congress may at any time, by law, make or alter 
such regulations, except as to the places of choosing Senators." 

The fifteenth amendment of the Constitution is as follows : 

"Sec. 1. The right of citizens of the United States to vote sliall not 



LETTERS AND MESSAGES. 185 

be denied or abridged by the United States, or by any State, on account 
of race, color, or previous condition of servitude. 

"Sec. 2. Tlie Congress shall have power to enforce this article by 
appropriate legislation." 

The Supreme Court has held that this amendment invests the citizens 
of the United States with a new constitutional right which is within 
the protecting power of Congress. That right the court declares to 
be exemption from discrimination in the exercise of the elective fran- 
chise on account of race, color, or previous condition of servitude. 
The power of Congress to protect this right by appropriate legislation 
is expressly affirmed by the court. 

National legislation to provide safeguards for free and honest elec- 
tions is necessary, as experience has shown, not only to secure the right 
to vote to the enfranchised race at the South, l)utalso to prevent fraud- 
ulent voting in the large cities of the North. Congress has therefore 
exercised the power conferred by the Constitution, and has enacted cer- 
tain laws to prevent discriminations on account of race, color, or previous 
condition of servitude, and to punish fraud, violence, and intimidation 
at Federal elections. Attention is called to the following sections of 
the Revised Statutes of the United States, viz: 

Section 2004, which guarantees to all citizens the right to vote 
without distinction on account of race, color, or previous condition of 
servitude. 

Sections 2005 and 2006, which guarantee to all citizens equal oppor- 
tunity, without discrimination, to perform all the acts recpiired by law 
as a prerequisite or (pialification for voting. 

Section 2022, which authorizes the United States marshal and his 
deputies to keep the peace and preserve order at the Federal elections. 
Section 2024, which expressly authorizes the United States marshal 
and his deputies to summon a posse comitatus whenever they or any of 
them are forcibly resisted in the execution of their duties under the 
law, or are prevented from executing such duties by violence. 

Section 5522, which provides for the punishment of the crime of in- 
terfering with the supervisors of elections and deputy marshals in the 
discharge of their duties at the elections of Eepresentatives in Con- 
gress. 

These are some of the laws on this subject which it is the duty of 
the Executive Dei^artment of the Government to enforce. The intent 
and effect of the sixth section of this bill is to proliibit all the civil 
officers of the IT nited States, under penalty of fine and imprisonment, 
from employing any adequate civil force for this purpose at the place 



186 LETTERS AND MESSAGES. 

where their enforcement is most necessary: namely, at the places where 
the Congressional elections are held. Among the most valuable enact- 
ments to which I have referred are those which protect the supervisors of 
Federal elections in the discharge of their duties at the polls. If the pro- 
posed legislation should become the law, there will be no power vested in 
any officer of the Government to protect from violence the officers of the 
United States engaged in the discharge of their duties. Their rights j 
and duties under the law will remain, but the National Government 
will be powerless to enforce its own statutes. The States may employ 
both military and civil power to keep the peace, and to enforce the 
laws at State elections. It is now proposed to deny to the United 
States even the necessary civil authority to protect the National elec- 
tions. No sufficient reason has been given for this discrimination in 
favor of the State and against the National authority. If well-founded 
objections exist against the present National election laws, all good 
citizens should unite in their amendment. The laws providing the 
safeguards of the elections should be impartial, just, and efficient. 
They should, if possible, be so non-partisan and fair in their operation 
that the minority — the party out of power — will have no just grounds 
to complain. The present laws have, in practice, unquestionably con- 
duced to the prevention of fraud and violence at the elections. In 
several of the States, members of different political parties have applied 
for the safeguards which they furnish. It is the right and duty of the 
National Government to enact and enforce laws which will secure free 
and fair Congressional elections. The laws now in force should not be 
repealed except in connection with the enactment of measures which 
will better accomplish that important end. Believing that section six 
of the bill before me will weaken, if it does not altogether take away, 
the power of the National Government to protect the Federal elections 
by the civil authorities, I am forced to the conclusion that it ought not 
to receive my approval. 

This section is, however, not presented to me as a separate and inde- 
pendent measure, but is, as has been stated, attached to the bill mak- 
ing the usual annual appropriations for tlie sux)port of the Army. It 
makes a vital change in the election laws of the country, which is in 
no way connected with the use of the Army. It prohibits, under heavy 
penalties, any person engaged in the civil service of the United States 
from having any force at the place of any election i)repared to preserve 
order, to make arrests, to keep the peace, or in any manner to enforce 
the laws. This is altogether foreign to the purpose of an Army appro- 
priation bill. The practice of tacking to appropriation bills measures 



J 



LETTERS AND MESSAGES. 187 

not pertinent to sucli bills did not prevail until more than forty years 
after the ado})tion of the Constitution. It has become a common prac- 
tice. All parties when in power have adopted it. Many abuses and 
great waste of public money have in this way crept into appropriation 
bills. The jmblic oi)inion of the country is against it. The States 
which have recently adopted constitutions have generally provided a 
remedy for the evil, by enacting that no law shall contain more than 
one subject, which shall be plainly expressed in its title. The consti- 
tutions of more than half of the States contain substantially this pro- 
vision. The public welfare will be promoted in many ways by a 
return to the early i)ractice of the Government, and to the true prin- 
ciple of legislation, which requires that every measure shall stand 
or fall according to its own merits. If it were understood that to 
attach to an appropriation bill a measure irrelevant to the general 
object of the bill would imperil and probably prevent its final passage 
and approval, a valuable reform in the parliamentary practice of Con- 
gress would be accomplished. The best justification that has been 
offered for attaching irrelevant riders to appropriation bills is that it is 
done for convenience sake, to facilitate the passage of measures which 
are deemed expedient by all the branches of Government which i)artici- 
pate in legislation. It cannot be claimed that there is any such reason 
for attaching this amendment of the election laws to the Army appropri- 
ation bill. The history of the measure contradicts this assumption. A 
majority of the House of Representatives in the last Congress was in 
favor of section six of this bill. It was known that a majority of the 
Senate was opposed to it, and that as a separate measure it could not 
be adopted. It was attached to the Army appropriation bill to compel 
the Senate to assent to it. It was plainly announced to the Senate 
that the Army appropriation bill would not be allowed to pass unless 
the proposed amendments of the election la^vs were ndopted with it. 
The Senate refused to assent to the l)ill on account of this irrelevant 
section. Congress thereui)on adjourned without passing an appropri- 
ation bill for the Army, and the present extra session of the Forty- 
sixth Congress became necessary to furnish the means to carry on the 
Govermnent. 

The ground upon which the action of the House of Representatives 
is defended has been distinctly stated by many of its advocates. A 
week before the close of the last session of Congress the doctrine in 
question was stated by one of its ablest defenders, as follows: 

" It is our duty to repeal these laws. It is not worth Avhile to attempt 
the repeal except upon an ai)propriation bill. The Republican Senate 



188 LETTERS AND MESSAGES. 

would not agree to, nor the Republican President sign, a bill for such 
repeal. Whatever objection to legislation upon approjjriation bills may 
be made in ordinary cases does not api)ly where free elections and the 
liberty of the citizen are concerned. * * * We have the ])ower to 
vote money; let us annex conditions to it, and insist upon the redress 
-of grievances." 

By another distinguished member of the House it was said: 

"The right of the representatives of the people to withhold supplies 
is as old as English liberty. History records numerous instances where 
the Commons, feeling that the people were oppressed by laws that the 
Lords would not consent to repeal by the ordinary metliods of legisla- 
tion, obtained redress at last by refusing apin^opriations unless accom- 
panied by relief measures." 

That a question of the gravest magnitude, and new in this country, 
was raised by this course of proceeding, was fully recognized also by 
its defenders in the Senate. It was said by a distinguished Senator: 

"Perhaps no greater question in the form we are brouglit toconsi<ler 
it was ever considered by the American Congress in time of peace; for 
it involves not merely the merits or demerits of the laws which the 
House bill proposes to repeal, but involves the rights, the privileges, 
the powers, the duties of the two branches of Congress and of tlie 
President of the United States. It is a vast question ; it is a question 
whose importance can scarcely be estimated; it is a question that never 
yet has been brought so sharply before the American Congress and the 
American jieople as it may be now. It is a question which sooner or 
later must be decided, and the decision must determine what are the 
powers of the House of Representatives under the Constitution, and 
what is the duty of that House in the view of the framers of that Con- 
stitution according to its letter and its si)irit. 

"Mr. President, I should approach this question, if I were in the 
best possible condition to speak and to argue it, with very grave diffi- 
dence, and certainly with the utmost anxiety, for no one can think of 
it as long and as carefully as I have thought of it without seeing that 
we are at the beginning perliaps of a struggle that may last as long in 
this country as a similar struggle lasted in what we are accustonu'd to 
call the mother-land. There the struggle lasted for two centuries 
before it was ultimately decided. It is not likely to last so long here, 
but it may last until every man in this chamber is in his grave. It is 
the (juestion whether or no the House of Representatives has a right 
to say: ' We will grant supplies only upon condition that grievan<;es 
iire redressed. We are the representatives of the tax-i)ayers of the 
Republic. We, the House of Representatives, alone have the right to 
■originate money bills; we, the House of Representatives, have alone 
the riglit to originate bills which grant the money of the people; the 
Senate represents States; we represent the tax-payers of the Kepublic; 
we, therefore, by the very terms of the Constitution, are {-harged with 
the duty of originating tlu? bills which grant the money of the people. 
We claim the right, which the House of Commons in England estab- 
lished, after two centuries of contest, to say that Nve will not grant the 
.money of the peoi)le unless there is a redress of grievances.'" 



LETTERS AND MESSAGES. 189 

Upon the assembling of this Congress, in pnrsuance of a call for an 
extra session, which was made necessary by the failure of the Forty- 
fifth Congress to make the needful appropriations for the support of 
the Government, the question was presented whether the attempt made 
in the last Congress to engraft by construction a new principle upon 
the Constitution should be persisted in or not. This Congress has 
ample opportunity and time to pass the appropriation bills, and also to 
enact any political measures which may be determined upon in sepa- 
rate bills by the usual and orderly methods of proceeding. But the 
majority of both Houses have deemed it wise to adhere to the prin- 
ciple asserted and maiiitaiued in the last Congress by the majority of 
the House of Keprcsentatives. That principle is, that the House of 
Representatives has the sole right to originate bills for raising revenue, 
and therefore has tlie right to withhold appropriations upon which the 
existence of the Government may depend unless the Senate and the 
President shall give their assent to any legislation which the House 
may see tit to attach to appropriation bills. To establish this principle 
is to make a radical, dangerous, and unconstitutional change in the 
character of our institutions. The various Departments of the Govern- 
ment, and the Army and the Navy, are established by the Constitution, 
or by laws passed in pursuance thereof. Their duties are clearly defined^ 
and their support is carefully provided for by law. The money required 
for this purpose has been collected from the people, and is now in the 
Treasury, ready to be paid out as soon as the appropriation bills are 
passed. Whether appropriations are made or not the collection of the 
taxes will go on. The public money will accunudate in the Treasury. 
It was not the intention of the framers of the Constitution that any 
single branch of the Government should have the power to dictate 
conditions upon Avhich this treasure should be applied to the purposes 
for which it was collected. Any such intention, if it had been enter- 
tained, would have been plainly expressed in the Constitution. 

That a majority of the Senate now concurs in the claim of the House 
adds to the gravity of the situation, but does not alter the question at 
issue. The new doctrine, if maintained, will result in a consolidation 
of unchecked and despotic power in the House of Kepresentatives. A 
bare majority of the House will become the Government. The Execu- 
tive will no longer be what the framers of the Constitution intended, an 
equal and independent branch of the Government. It is clearly the 
constitutional duty of the President to exercise his discretion and judg- 
ment upon all bills presented to him without constraint or duress from 
any other branch of the Government. To say that a majority of either 



190 LETTERS AND MESSAGES. 

or both of the Houses of Congress may insist ou the approval of a bill 
under the penalty of stopping all of the operations of the Government 
for want of the necessary supplies, is to deny to the Executive that 
share of the legislative power which is plainly conferred by the second 
section of the seventh article of tlie Constitution. It strikes from the 
Constitution the qualified negative of the President. It is said that 
this should be done because it is the peculiar function of the House of 
Representatives to represent the will of the people. But no single 
branch or department of the Government has exclusive authority to 
speak for the American people. The most authentic and solemn ex- 
pression of their will is contained in the Constitution of the United 
States. By that Constitution they have ordained and established a 
Government whose powers are distributed among co-ordinate branches, 
which, as far as possible, consistently with a harmonious co-operation, 
are absolutely independent of each other. The people of this country 
are unwilling to see the supremacy of the Constitution replaced by the 
omnipotence of any department of the Government. 

The enactment of this bill into a law will establish a precedent which 
will tend to destroy the equal independence of the several branches of 
the Government. Its principle places not merely the Senate and the 
Executive, but the judiciary also, under the coercive dictation of the 
House. The House alone will be the judge of what constitutes a griev- 
ance, and also of the means and measures of redress. An act of Con- 
gress to protect elections is now the grievance complained of. But the 
House may on the same principle determine that any other act of Con- 
gress, a treaty made by the President, with the advice and consent of 
the Senate, a nomination or ai)pointment to office, or that a decision or 
opinion of the Supreme Court is a grievance, and that the measure of 
redress is to withhold the appropriations required for the support of 
the offending branch of the Government. 

Believing that this bill is a dangerous violation of the spirit and 
meaning of the Constitution, I am compelled to return it to the House 
in which it originated without my approval. The qualified negative 
with which the Constitution invests the President is a trust that in- 
volves a duty which he cannot decline to perform. With a firm and 
conscientious purpose to do what I can to preserve, unimpaired, the 
constitutional powers and equal independence, not merely of the Ex- 
ecutive, but of every branch of the Government, which will be imper- 
illed by the adoption of the principle of this bill, I desire earnestly to 
urge upon the House of Representatives a return to the wise and 
wholesome usage of the earlier days of the Republic, which excluded 



LETTERS AND MESSAGES. 



191 



from appropriation bills all irrelevant legislation. By this conrse you 
will inaugurate an important reform in tlie method of Congressional 
legislation; your action will be in harmony with the fundamental prin- 
ciples of the Constitution and the patriotic sentiment of nationality 
which is their firm support; and you will restore to the country that 
feeling of confidence and security and the repose which are so essen- 
tial to the prosperity of all of our fellow-citizens. 

EUTHEEFORD B. HAYES. 
Executive Mansion, A^nil 20, 1879. 



M:ESS^aE 



RETURNING TO 



TKE HOUSE OF EEPEESENTATIVES THE BILL ENTITLED "AN ACT TO 
PEOHIBIT MILITAEY INTEEPEEENOE AT ELECTIONS." 

MAY IS, 1879. 



13 



i 



MESSAGE 



To THE House of Representatives : 

After careful consideration of the bill entitled "An act to prohibit 
military interference at elections," I retnrn it to the House of Eepre- 
sentatives, in which it originated, with the following objections to its 
approval : 

In the communication sent to the House of Representatives on the 
29th of last month, returning to the House Avithout my approval the 
bill entitled "An act making appropriations for the support of the 
Army for the fiscal year ending June 30, 1880, and for other purposes," 
I endeavored to show by quotations from the statutes of the United 
States now in force, and by a brief statement of facts in regard to recent 
elections in the several States, that no additional legislation was neces- 
sary to prevent interference with the elections by the military or naval 
forces of the United States, The fact was presented in that communi- 
cation that at the time of the passage of the act of June 18, 1878, in 
relation to the employment of the Army as a posse comitatus or other- 
wise, it was maintained by its friends that it would establish a vital 
and fundamental principle which wM)uld secure to the people protection 
against a standing army. The fact was also referred to that, since the 
passage of this act, Congressional, State, and municipal elections have 
been held throughout the Union, and that in no instance has complaint 
been made of the presence of United States soldiers at the polls. 

Holding as I do the opinion that any military interference whatever 
at the polls is contrary to the spirit of our institutions, and would tend 
to destroy the freedom of elections, and sincerely desiring to concur 
with Congress in all of its measures, it is with very great regret that I 
am forced to the conclusion that the bill before me is not only unneces- 
sary to ijreveut such interference, but is a dangerous departure from 
long-settled and important constitutional principles. 

The true rule as to the emi)loyment of military force at the elections 
is not doubtful. No intimidation or coercion should be allowed to 
control or influence citizens in the exercise of their right to vote, 
whether it appears in the shape of combinations of evil-disposed per- 
sons, or of armed bodies of the militia of a State, or of the military 
force of the United States. 



196 LETTERS AND MESSAGES. 

The elections vslionld be tVee from all forcible interference, and, as far 
as practicable, from all apprehension of such interference. Xo soldiers, 
either of the llniou or of the State militia, should be present at the 
l)olls to take the place or to perform the duties of the ordinary civil 
police force. There has been and will be no violation of this rule under 
orders from nie during- this adnjinistration. But there should be no 
denial of the right of the National Government to employ its military 
force on any day and at any i)lace in case such employment is necessary 
to enforce the Constitution and laws of the United States. 

The bill before me is as follows: 

'■'•Be it enacted,, tC'c, That it shall not be lawful to bring to or employ, 
at any place where a general or special election is being lield in a State, 
any part of the Army or Navy of the United States, unless such force 
be necessary to repel the armed enemies of the United States, or to 
enforce section 4, article 4, of the Constitution of the United States, 
aud the laws made in ])ursuance thereof, on ai)i)lication of the Legis- 
lature or Executive of the State where such force is to be used; and so 
much of all laws as is inconsistent herewith is hereby repealed." 

It will be observed that the bill exempts from the general prohibition 
against the emploj^ment of military force at the polls two specified 
cases. These exceptions recognize aiul concede the soundness of the 
princii)le that military force nmy pro])erly and constitutionally be used 
at the [)lace of elections, when such use is necessary to enforce the Con- 
stitution and the laws. But the excepted cases leave the iirohibitiou 
so extensive and far-rea<;hing that its adoi)tion will seriously impair 
the etticiency of the Executive Department of the Government. 

The first act expressly authorizing the use of military power to exe- 
cute the laws was passed almost as early as the organization of the 
Government under the Constitution, and was approved hy President- 
Washington, May 2, 179-J. It is as follows: 

" Sec. 2. And he it fnrther enacted, That whenever the laws of the 
United States shall be opposed, or the execution thereof obstructed, 
in any State, by combinations too i)owerful to be supi)ressed by the 
or<linary course of jiulicial proceedings, or by the powers vested in the 
marshals by this act, the same being notified to the President of the 
United States by an associate justice or the district judge, it shall be 
lawful for the I'resident of the United States to call forth the militia 
of such State to suppress such cond)inations, and to cause the laws to 
be duly executed. And if the militia of a State where such combina- 
tions may happen shall refuse or be insufficient to suppress the same, 
it shall be lawful for the President, if the Legislature of the United 
States be not in session, to call forth and employ such numbers of the 
militia of any other State or States most convenient thereto as may be 
necessary; and the use of militia, so to be called forth, may be con- 
tinued, if necessary, until the expiration of thirty days after the com- 
mencement of the ensuing session." 



LETTERS AND MESSAGES. 107 

III 1795 tbis provision Avas substantially re-enacted in a law wliicli 
repealed the act of 1792. In 1807 the following- act became the law 
by the approval of President Jefterson: 

"That in all cases of insurrection or obstruction to the laws, either 
of the United States or of any individual State or Territory, where it is 
lawful for the President of the United States to call fotth the militia 
for the purpose of suppressing such insurrection, or of causing the 
laws to be duly executed, it shall be lawful for him to emidoy, for the 
same purposes, such part of tlie land or naval force of the United 
States as shall be judged necessary, having tirst observed all the pre- 
requisites of the law in that respect." 

By this act it will be seen that the scope of the law of 1795 was 
extended so as to authorize the National Government to use not only 
the militia but the Army and Navy of the United States in "causing 
the laws to be duly executed." 

The important provision of the acts of 1792, 1795, and 1807, moditied 
in its terms from time to time to adapt it to the existing emergency, 
remained in force until, by an act approved by President Lincoln July 
29, 1861, it was re-enacted substantially in the same language in which 
it is now found in the Revised Statutes, viz: 

" Sec. 5298. Whenever, by reason of unlawful obstructions, combi- 
nations, or assemblages of persons, or rebellion against the authority 
of the Government of the United States, it shall become impracticable, 
in the iudgment of the President, to enforce, by the ordinary course of 
judicial proceedings, the laws of the United States within any State or 
Territory, it shall be lawful for the President to call forth the militia 
of any or all the States, and to employ such parts of the land and 
naval forces of the United States as he may deem necessary to enforce 
the faithful execution of the laws of the United States, or to supi)ress 
sncli rebellion, in whatever State or Territory thereof the laws of the 
Unite<l States nmy be forcibly opposed, or the execution thereof forci- 
bly obstructed." 

This ancient and fundamental law has been in force from the foun- 
dation of the Goveinment. It is now proposed to abrogate it on cer- 
tain days and at certain places. In my judgment no fact has been pro- 
duced which tends to show that it ought to be repealed or suspended 
for a single hour at any jdace in any of the States or Territories of the 
Union. All the teachings of experience in the course of our history 
are in favor of sustaining its efficiency unimpaired. On every occasion 
when the supremacy of the Constitution has been resi^sted, and the per- 
petuity of our institutions imi)erilled, the principle of this statute, en- 
acted by the fathers, has enabled the Government of the Union to 
maintain its authority and to preserve the integrity of the Nation. 

At the most critical periods of our history, my predecessors in the 



198 LETTERS AND MESSAGES. 

Executive office have relied on this great principle. It was on this 
principle that President Washington suppressed the whiskey rebel- 
lion in Pennsylvania in 1794. In 180G, on the same principle, Presi- 
dent riefferson broke np the Bnrr conspiracy by issuing "orders for the 
employment of such force, either of the regulars or of the militia, and 
by such proceedings of the civil authorities, * * * as might enable 
them to suppress effectually the further progress of the enterprise." 
And it was under the same authority that President Jackson crushed 
nullification in South Carolina, and that President Lincoln issued his 
call for troops to save the Union in 1861. On numerous other occa- 
sions of less significance, under probably every administration, and 
certainly under the present, this power has been usefully exerted to 
enforce the laws, without objection by any party in the country, and 
almost without attracting public attention. 

The great elementary constitutional principle which was the founda- 
tion of the original statute of 1792, and which has been its essence in 
the various forms it has assumed since its first adoption, .is, that the 
Government of the United States possesses under the (Constitution, in 
full measure, the power of self-protection by its own agencies, alto- 
gether- independent of State authority, and, if need be, against the 
hostility of State governments. It should remain embodied in our 
statutes, unimpaired, as it has been from the very origin of the Gov- 
ernment. It should be regarded as hardly less valuable Or less sacred 
than a provision of the Constitution itself. 

There are many other important statutes containing provisions that 
are liable to be suspended oi- annulled at the times and places of hold- 
ing elections, if the bill before me should become a law. I do not 
undertake to furnish a list of them. :\Iany of them— perhaps the 
most of them— have been set forth in the debates on this measure. 
They relate to extradition, to crimes against the election laws, to 
quarantine regulations, to neutrality, to Indian reservations, to the 
civil rights of citizens, and to other subjects. In regard to them 
all, it may be safely said, that the meaning and effect of this bill is to 
take from the General Government au im])ortant part of its power to 
enforce the hiAvs. 

Another grave objection to the bill is its discrimination in favor of 
the State and against the National authority. The presence or em- 
ployment of the Army or Navy of the United States is lawful under 
the terms of this bill at the place where an election is being held in a 
State to uphold the authority of a State govern men-t then and there in 
need of such military intervention, but unlawful to uphold the autlior- 



LETTERS AND MESSAGES. 199 

ity of the Government of the United States then and there in need of 
such military intervention. Under this bill the presence and employ- 
ment of the Army or jSTavy of the United States would be lawful, and 
might be necessary to maintain the conduct of a State election against 
the domestic violence that would overthrow it, but would be unlawful 
to maintain the conduct of a ISTational election against the same local 
violence that would overthrow it. This discrimination has never been 
attempted in any previous legislation by Congress, and is no more 
compatible with sound principles of the Constitution or the necessary 
maxims and methods of our system of government on occasions of 
elections than at other times. In the early legislation of 1792 and of 
1795, by which the militia of the States was the only military power 
resorted to for the execution of the constitutional powers in support of 
State or I^ational authority, both functions of the Government were 
put upon the same footing. By the act of 1807 the employment of the 
Army and Navy was authorized for the performance of both constitu- 
tional duties in the same terms. 

In all later statutes on the same subject-matter the same measure of 
authority to the Government has been accorded for the performance of 
both these duties. No precedent has been found in any previous legis- 
lation, and no sufficient reason has been given for the discrimination 
in favor of tha State and against the National authority which this bill 
contains. 

Under the sweeping terms of the bill, the National Government is 
effectually shut out from the exercise of the right, and from the dis- 
charge of the imperative duty to use its whole Executive power when- 
ever and wherever required for the enforcement of its laws at the 
places and times where and when its elections are held. The employ- 
ment of its organized armed forces for any such purpose would be an 
offence against the law unless called for by, and therefore upon permis- 
sion of, the authorities of the State in which the occasion arises. What 
is this but the substitution of the discretion of the State governments 
for the discretion of the Government of the United States as to the 
performance of its own duties ? In my judgment, this is an abandon- 
ment of its obligations by the National Government — a subordina- 
tion of National authority, and an intrusion of State supervision over 
National duties, which amounts, in spirit and tendency, to State su- 
premacy. 

Though I believe that the existing statutes are abundantly adequate 
to completely prevent military interference with the elections in the 
sense in which the phrase is used in the title of this bill and is em- 



200 LETTERS AND MESSAGES. 

ployed by the people of this country, I shall find no difficulty in con- 
curring in any additional legislation limited to that object which does 
not interfere Avith the indispensable exercise of the powers of the 
Government under the Constitution and laws. 

RUTHERFORD B. HAYES. 
Executive Mansion, May 12, 1879. 



a 



]VIESS^GE 



RETURNING TO 

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT 
MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECU- 
TIVE, AND JUDICIAL EXPENSES OF THE GOVERN- 
MENT, FOR THE FISCAL YEAR ENDING JUNE 
30, 1880, AND FOR OTHER PURPOSES." 

MAY 99, 1879 



MESSAGE. 



To THE House of Representatives: 

After mature consideration of the bill entitled " An act making ap 
propriations for the legislative, executive, and judicial expenses of the 
Government for the fiscal year ending June thirtieth, eighteen hun- 
dred and eighty, and for other purposes," I herewith return it to the 
House of Eepresentatives, in which it originated, with the following 
objections to its approval: 

The main purpose of the bill is to appropriate the money required 
to support, during the next fiscal year, the several civil departments 
of the Government. The amount appropriated exceeds in the aggre- 
gate eighteen millions of dollars. 

This money is needed to keep in operation the essential functions of 
all the great departments of the Government— legislative, executive, 
and judicial. If the bill contained no other provisions, no objection to 
its approval would be made. It embraces, however, a number of 
clauses relating to subjects of great general interest, which are wholly 
unconnected with the approimations which it provides for. The objec- 
tions to the practice of tacking general legislation to appropriation 
bills, especially when the object is to deprive a co-ordinate branch of 
the Government of its right to the free exercise of its own discretion 
and judgment touching such general legislation, were set forth in the 
special message in relation to House bill number one, which was re- 
turned to the House of Representatives on the 29th of last mouth. I 
regret that the objections which were then expressed to this method 
of legislation have not seenuKl to Congress of sufficient weight to dis- 
suade from this renewed incorporation of general enactments in an 
ap])ropriation bill, and that my constitutional duty in respect of the 
general legislation thus placed before me cannot be discharged with- 
out seeming to delay, however briefly, the necessary appropriations by 
Congress for the support of the Government. Without repeating those 
objections, I respectfully refer to that message for a statement of my 
views on the principle maintained in debate by the advocates of this 
bill, viz., that "to withhold appropriations is a constitutional means 
for the redress" of what the majority of the Bouse of Representatives 
may regard as "a grievance." 



204 lettp:rs and messages. 

The bill contains the following clauses, viz : 

^'Aiid provided further^ Tluit the following sections of the Revised 
Statutes of the tinited States, namely, sections two thousand and 
sixteen, two thousand and eighteen, and two tliousand and twenty, 
and all of the succeeding sections of said statutes down to and including 
section two thousand and twenty-seven, and also section tifty-tive hun- 
dred an<l twenty-two, be, and the same are hereby, repealed;" * * * 
^'and that all the other sections of the Revised Statutes, and all laws 
and i)arts of laws authorizing the appointment of chief supervisors of 
elections, special deputy nuirshals of elections, or general deputy 
nuirshals having any duties to perform in respect to any election and 
prescribing their duties and powers and allowing them compensation, 
be, and the same are hereby repealed." 

It also contains clauses amending sections 2017, 2010, 202S, and 2031 
of the Revised Statutes. 

The sections of the Revised Statutes which the bill, if approved, 
would repeal or amend, are part of an act approved May 30, 1870, and 
amended February 28, 1871, entitled "An act to enforce the rights of 
citizens of the United States to vote in the several States of this Union, 
and for other purposes." All of the provisions of the above-named acts, 
which it is proposed in this bill to repeal or modify, relate to the Con- 
gressional elections. The remaining portion of the law, which will con- 
tinue in force after the enactment of this measure, is that which pro- 
vides for the appointment, by ajudge of the circuit court of the United 
States, of two supervisors of election in each election district, at any 
Congressional election, on due application of citizens who desire, in the 
language of the law, "to have such election guarded and scrutinized ^ 

The duties of the supervisors will be to attend at the i)olls at all Con- 
gressional elections, and to remain after the polls are oi)en until every 
vote cast has been counted, but they will "have no authority to make 
arrests, or to perform other duties than to be in the immediate presence 
of the ofHcers holding the election, and to witness all their proceed- 
ings, including the counting of the votes, and the making of a return 
thereof." The part of the election law which will be repealed by the 
approval of this bill, includes those sections which give authority to 
the supervisors of election "to personally scrutinize, count, and can- 
vass each ballot," and all the sections which confer authority u]»on the 
United States marshals and deputy marshals, in connection with the 
Congressional elections. The enactment of this bill will also repeal sec- 
tion 5522 of the Criminal Statutes of the United States, which was 
enacted for the i)rotecti()n of United States otticers engaged in the dis- 
charge of their duties at the Congressional elections. This section 
protects supervisors and marshals in the performance of their duties 



LtrrTERS AND MESSAGES. 205 

by making tlie obstructiou or the assaulting- of these officers, or any 
interference with them by bribery or solicitation, or otherwise, crimes 
against the United States. 

The true meaning and effect of the proposed legislation are plain. 
The supervisors, with the authority to observe and witness the pro- 
ceedings at the Congressional elections, will be left ; but there w ill be 
no power to protect them, or to i)revent interference with their duties^ 
or to punish any ^'iolation of the law from which their powers are 
derived. If this bill is approved, only the shadow of the authority of 
the United States at the National elections will remain— the substance 
will be gone. The supervision of the elections will be reduced to a 
mere inspection, without authority on the part of the supervisors to do 
any act whatever to make the election a fair oue. All that will be left 
to the supervisors is the permission to have such oversight of the elec- 
tions as political parties are in the habit of exercising without any au- 
thority of law, in order to prevent their opponents from obtaining unfair 
advantages. The object of the bill is to destroy any control whatever 
by the United States over the Congressional elections. 

The passage of this bill has been urged upon the ground that the 
election of members of Congress is a matter which concerns the States 
alone; that these elections should be controlled exclusively by the 
States; that there are and can be no such elections as National elec- 
tions ; and that the existing law of the United States regulating the 
Congressional elections is without warrant in the Constitution. 

It is evident, how^ever, that the framers of the Constitution regarded 
the election of members of Congress in every State and in every dis- 
trict as, in a very important sense, justly a matter of political interest 
and concern to the whole country. The original provision 0/ the Con- 
stitution on this subject is as follow^s : ■ 

Sec. 4, Article 1. "The times, places, and manner of holding elec- 
tions for Senators and Representatives shall be ])rescribed in each 
State by the Legislature thereof; but the Congress may at any time, 
by law, uuike or alter such regulations, except as to the places of choos- 
ing Senators." 

A further provision has been since added, which is embraced in the 
fifteenth amendment. It is as follows : 

" Sec. 1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any State, on ac- 
count of race, color, or previous condition of servitude. 

"Sec. 2. The Congress shall have power to enforce this article by 
appropriate legislation ." 

Under the general provision of the Constitution, (section 4, article 1,) 



206 LETTERS AND MESSAGES. 

Congress, in 18(10, passed a compreliensive law which prescribed full 
and detailed regulations for the election of Senators by the Legisla- 
tures of the several States. This law has been in force almost thirteen 
years. In pursuance of it all of the members of the present Senate of 
the United States hold their seats. Its constitutionality is not called 
in question. It is confidently believed that no sound argument can 
be made in support of the constitutionality of National regulation 
of Senatorial elections which will not show that the elections of mem- 
bers of the House of Representatives may also be constitutionally 
regulated by the JSTational authority. 

The bill before me itself recognizes the principle that the Congres- 
sional elections are not State elections, but National elections. It 
leaves in full force the existing statute under which supervisors are 
still to be ap])ointed by National authority, to <' observe and witness" 
the Congressional elections whenever due application is made by citi- 
zens who desire said elections to be " guarded and scrutinized." If the 
power to supervise, in any respect whatever, the Congressional elec- 
tions exists, under section 4, article 1, of the Constitution, it is a power 
which, like every other power belonging to the Government of the 
United States, is i)aramount and supreme, and includes the right to 
employ the necessary means to carry it into elfect. 

The statutes of the United States which regulate the election of mem- 
bers of the House of Representatives, an essential part of which it is 
proposed to repeal by this bill, have been in force about eight years. 
Four Congressional elections have been held under them, two of which 
were at the Presidential elections of 1872 and 1876. Numerous prose- 
cutions, trials, and convictions have been had in the courts of the 
United States in all parts of the Union for violations of these laws. 
In no reported case has their constitutionality been called in question 
by any judge of the courts of the United States. The validity of 
these laws is sustained by the uniform course of judicial action and 
opinion. 

If it is urged that the United States election laws are not necessary, 
an ample reply is furnished by the history of their origin aud of their 
results. They were especially prompted by the investigation and ex- 
posure of the frauds committed in the city and State of New York at 
the elections of 1868. Committees representing both of the leading 
political parties of the country have submitted reports to the House of 
Representatives on the extent of those frauds. A committee of the 
Fortieth Congress, after a full investigation, reached the conclusion 
that the number of fraudulent votes cast in the city of New York alone 



LETTERS AND MESSAGES. 207 

in 1868 was not less than twenty-five thousand. A committee of the 
Forty-fonrth Congress, in their report submitted in 1877, adopted the 
opinion that for every one hundred actual voters of the city of New 
York in 1868, one hundred and eight votes were cast ; when, in fact, 
the number of lawful votes cast could not have exceeded eighty-eight 
per cent, of the actual voters of the city. By this statement the num- 
ber of fraudulent votes at that election, in the city of New York alone, 
was between thirty and forty thousand. These frauds completely re- 
versed the result of the election in the State of New York, both as to 
the choice of Governor and State officers, and as to the choice of 
electors of President and Vice-President of the United States. They 
attracted the attention of the whole country. It was plain that if they 
could be continued and repeated with impunity, free government was 
impossible. A distinguished Senator, in opposing the passage of the 
election laws, declared that he had " for a long time believed that our 
form of Government was a comparative failure in the larger cities." 
To meet these evils and to prevent these crimes the United States laws 
regulating Congressional elections were enacted. 

The framers of these laws have not been disappointed in their results. 
In the large cities, under their provisions, the elections have been com- 
paratively peaceable, orderly, and honest. Even the opponents of 
these laws have borne testimony to their value and efficiency, and to 
the necessity for their enactment. The Committee of the Forty -fourth 
Congress, composed of members a majority of whom were opposed to 
these laws, in their report on the New York election of 1876, said : 

"The committtee would commend to other portions of tlie country 
and to other cities this remarkable system, developed through the 
agency of both local and Federal authorities acting in harmony for an 
honest purpose. In no portion of the world, and in no era of time, 
where there has been an expression of the popular will through the forms 
of law, has there been a more complete aud tliorough illustration of 
republican institutions. Whatever may have been the previous habit 
or conduct of elections in those cities, or howsoever they may conduct 
themselves in the future, this election of 1876 will stand as a monu- 
ment of what good faith, honest endeavor, legal forms, and just au- 
thority may do for the protection of the electoral franchise." 

This bill recognizes the authority and duty of the United States to 
appoint supervisors to guard and scrutinize the Congressional elec- 
tions, but it denies to the Government of the United States all power 
to make its supervision effectual. The great body of the people of all 
parties want free and fair elections. They do not think that a free 
election means freedom from the wholesome restraints of law, or that 
the place of an election should.be a sanctuary for lawlessness and 



208 LETTERS AND MESSAGES. 

crime. On the day of an election peace and good order are more neces- 
sary than on any other day of the year. On that day the humblest 
and feeblest citizens, the aged and the infirm, should be, and should 
have reason to feel that they are, safe in the exercise of their most re- 
sponsible duty, and. their most sacred right as members of society, their 
duty and their right to vote. The constitutional authority to regulate 
the Congressional elections which belongs to the Government of the 
United States, and which it is necessary to exert to secure the right to 
vote to every citizen possessing the requisite qualifications, ought to be 
enforced by appropriate legislation. So far from public opinion in any 
part of the country favoring any relaxation of the authority of the 
Government in the protection of elections from violence and corruption, 
I believe it demands greater vigor, both in the enactment and in the 
execution of laws framed for that purpose. Any oppression, any partisan 
partiality, which experience may have shown in the working of existing 
laws, may well engage the careful attention both of Congress and of 
the Executive, in their respective spheres of duty, for the correction of 
these mischiefs. As no Congressional elections occur until after the 
regular session of Congress will have been held, there seems to be no 
public exigency that would preclude a seasonable consideration at that 
session of any administrative details that might improve the present 
methods designed for the protection of all citizens in the com]>lete and 
equal exercise of the right and power of the suffrage at such elections. 
But with my views, both of the constitutionality and of the value of 
the existing laAvs, 1 cannot approve any measure for their repeal except 
in connection with the enactment of other legislation which may reason- 
ably be expected to aftbrd wiser and more efficient safeguards for free 
and honest Congressional elections. 

KUTHERFORD B. HAYES. 

Executive Mansion, May 29, 1871). 



IMESS^GE 



RETURNING TO 



THE HOUSE OP EEPEESENTATIVES THE BILL ENTITLED "AN ACT 
MAKING APPEOPEIATIONS FOE OEETAIN JUDICIAL EXPENSES." 

JUNE 93, 1879. 



14 



MESSAGE. 



To THE House of Eepresentatives : 

After careful examination of the bill entitled "An act making appro- 
priations for certain judicial expenses," I return it herewith to the 
House of Eepresentatives, in which it originated, with the following 
objections to its approval: 

The general purpose of the bill is to provide for certain judicial ex- 
penses of the Government for the fiscal year ending June thirtieth, 
eighteen hundred and eighty, for which the sum of two million six 
hundred and ninety thousand dollars is appropriated. These appro- 
priations are required to keep in operation the general functions of the 
judicial department of the Government, and if this part of the bill 
stood alone there would be no objection to its approval. It contains, 
however, other provisions, to which I desire respectfully to ask your 
attention. 

At the present session of Congress a majority of both Houses favor- 
ing a repeal of the Congressional-election laws, embraced in title 
twenty-six of the Eevised Statutes, passed a measure for that purpose, 
as part of a bill entitled "An act making appropriations for the legis- 
lative, executive, and judicial expenses of the Government for the fiscal 
year ending June 30, 1880, aiid for other purposes." Unable to concur 
with Congress in that measure, on the 29th of May last I returned the 
bill to the House of Eepresentatives, in which it originated, without 
my approval, for that further consideration for which the Constitution 
provides. On reconsideration the bill was approved by less than two- 
thirds of the House, and failed to become a law. The election laws, 
therefore, remain valid enactments, and the supreme law of the land, 
binding not only upon all private citizens, but also alike and equally 
binding upon all who are charged with the duties and responsibilities 
of the legislative, the executive, and the judicial departments of the 
Government. 

It is not sought by the bill before me to repeal the election laws. 
Its object is to defeat their enforcement. The last clause of the first 
section is as follows : 

"And no part of the money hereby appropriated is appropriated to 



212 LETTERS AND MESSAGES. 

pay any salaries, eoinpensation, fees, or expenses under or in virtne of 
itie twenty-six of the Eevised statutes, or of any i)rovisi()n of said 
tie." 

Title twenty -six of the Eevised Statntes, referi-ed to in the foregoing- 
clause, relates to the elective franchise, and contains the laws now iu 
force regulating the Congressional elections. 

The second section of the bill reaches much further. It is as fol- 
lows : 

"Sec. 2. That the sums appropriated in this act for the persons and 
public service embraced in its provisions are in full for snch persons 
and i)ublic service for the fiscal year ending June 30, 1880, and no De- 
partment or otticer of the Government shall, during said tiscal year, 
make any contract or incur any liability for the future ])ayment of 
money under any of the provisions of title twenty-six of the Eevised 
Statutes of the I'nited States authorizing the ai)pointment or payment 
of general or special deputy marshals for service in connection with 
elections or ou election day, until an appropriation sufticient to meet 
such contract or pay such liability shall have first been uuule by law." 

This section of the bill is intended to make an extensive and essen- 
tial change in the existing laws. The following are the provisions of 
the statutes on the same subject which are now in force: 

"Sec. 2679. jSTo Department of the Government shall expend, in any 
one tiscal year, any sum iu excess of appropriations made by Congress 
for that tiscal year, or involve the Goverinnent iu any contract for the 
future i)ayment of money in excess of such ai)pro]mations." 

"Sec. 2732. No contract or ]>urchase on behalf of the United States 
shall be made unless the same is authorized by law, or is under au 
appropriation adecjuate to its tultillment, except in the War and Xavy 
Dei)artments, for clothing, subsistence, forage, fuel, (piarters, or trans- 
portation, which, however, shall not exceed the necessities of the cur- 
rent year." 

The object of these sections of the Eevised Statutes is plain. It is, 
first, to prevent any money from being expended unless appropriations 
have been made therefor; and, second, to prevent the Government 
from being bound by any contract not previously authorized by law, 
except for certain necessary puri)oses in the War and Navy Depart- 
ments. 

Under the existing laws, the failure of Congress to make the appro- 
priations required for the execution of the i)rovisions of the election 
laws would not prevent their enforcement. The right and duty to ap- 
point the general and special deputy marshals which they provide for 
would still remain, and the Executive Department of the Government 
would also be empowered to incur the requisite liability for their com- 
pensation. But the second section of this bill contains a i)rohibitiou 
not Ibund in any previous legislation. Its design is to render the elec- 



LETTERS AND MESSAGES. 213 

tioii laws inoperative and a dead letter during tlio next fiscal year. It 
is souoht to accomplish this by omitting to appropriate inoney for their 
enforcement, and by expressly prohibiting any Department or oflBcer 
of the Government from incurring any liability under any of the pro- 
visions of title twenty-six of the Eevised Statutes authorizing the ap- 
pointment or payment of general or special deputy marshals for service 
on election days, until an appropriation sufflcient to pay such liability 
shall have first been made. 

The President is called upon to give his affirmative approval to posi- 
tive enactments which in effect deprive him of the ordinary and neces- 
sary means of executing laws still left in the statute-book, and embraced 
within his constitutional duty to see that the laws are executed. If he 
approves tlie bill, and thus gives to such positive enactments the au- 
thority of law, he participates in the curtailment of his means of seeing 
that the law is faithfully executed while the obligation of the law and 
of his constitutional duty remains unimpaired. 

The appointment of special deputy marshals is not made by the 
statute a spontaneous act of authority on the part of any executive 
or judicial officer of the Government, but is accorded as a popular 
right of the citizens to call into operation this agency for securing the 
purity and freedom of elections in any city or town having twenty 
thousand inhabitants or upward. Section 2021 of the Kevised Statutes 
puts it in the power of any two citizens of such city or town to require 
of the marshal of the district the appointment of these special deputy 
marshals. Thereupon the duty of the marshal becomes imi)erative, 
and its non-performance would expose him to judicial mandate or pun- 
ishment, or to removal from office by the President, as the circum- 
stances of his conduct might require. The bill now before me neither 
revokes this popular right of the citizens nor relieves the marshal of 
the duty imposed by law, nor the President of his duty to see that this 
law is faithfully executed. 

I forbear to enter again upon any general discussion of the wisdom 
and necessity of the election laws, or of the dangerous and unconstitu- 
tional principle of this bill, that the power vested in Congress to origi- 
nate appropriations involves the right to compel the Executive to 
approve any legislation which Congress may see fit to attach to such 
bills, under the penalty of refusing the means needed to carry on essen- 
tial functions of the Government. My views on these subjects have 
been sufBciently presented in the special messages sent by me to the 
House of Representatives during their present session. What was 
said in those messages I regard as conclusive as to my duty in respect 



214 LETTERS AND MESSAGES. 

to the bill before me. The arguments urged in those communicatious 
against the repeal of the election laws, and against the right of Con- 
gress to deprive the Executive of that separate and independent dis- 
cretion and judgment which the Constitution confers and requires, are 
equally cogent in opposition to this bill. This measure leaves the pow- 
ers and duties of the supervisors of elections untouched. The compen- 
sation of those officers is provided for under permanent laws, and no 
liability for which an appropriation is now required would, therefore, 
be incurred by their appointment. But the power of the National 
Government to protect them in the discharge of their duty at the polls 
would be taken away. The States may employ both civil and military 
power at the elections, but by this bill even the ciNdl authority to pro- 
tect the Congressional elections is denied to the United States. The 
object is to prevent any adequate control by the United States over the 
]!^ational elections by forbidding the payment of deputy marslials, the 
officers who are clothed with authority to enforce the election laws. 

The fact that these laws are deemed objectionable by a majority of 
both Houses of Congress is urged as a sufficient warrant for this legis- 
lation. 

There are two lawful ways to overturn legislative enactments : one 
is their repeal; the other is the decision of a competent tribunal against 
their validity. The effect of this bill is to deprive the Executive De- 
partment of the Government of the means to execute laws which are 
not repealed, which have not been declared invalid, and which it is, 
therefore, the duty of the Executive and of every other De])artnient of 
the Government to obey and to enforce. 

I have, in my former message on this subject, expressed a willingness 

to concur in suitable amendments for the imi>rovement of the election 

laws; but I cannot consent to their absolnte and entire repeal, aud I 

. cannot approve legislation which seeks to prevent their enforcement. 

EUTHERFORD B. HAYES. 

Executive Mansion, June 23, 1879. 



INCESS^aE 



RETURNING TO 



THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT 

MAKING APPROPRIATIONS TO PAY FEES OF UNITED STATES 

MARSHALS AND THEIR GENERAL DEPUTIES." 



JUNE 30, 1879. 



MESSAGE. 



To THE House of Representatives: 

I return to the House of Representatives, in whicli it originated, the 
bill entitled "An act making appropriations to pay fees of United States 
marshals and their general deputies," with the following objections to 
its becoming a law : 

The bill approj^riates the sum of six hundred thousand dollars for the 
payment, during the fiscal yenr ending June thirtieth, eighteen hundred 
and eighty, of United States marshals and tlieir general deputies. The 
offices thus provided for are essential to the faithful execution of the 
laws. They were created and their i)owers and duties defined by Con- 
gress at its first session after the adoption of the Constitution in the 
Judiciary Act, which was approved September 24, 1789. Their general 
duties, as defined in the act which originally established them, were 
substantially the same as those prescribed in the statutes now in force. 

The principal provision on the subject in the Revised Statutes is as 
follows : 

" Section 787. It shall be the duty of the marshal of each district 
to attend the district and circuit courts, when sitting therein, and to 
execute throughout the district all lawful i>recepts directed to him, and 
issued under the authority of the United States; and he shall have 
power to command all necessarv assistance in the execution of his 
duty." 

The original act was amended February 28, 1795, and the amendment 
is now found in the Revised Statutes in the following form: 

" Section 788. The marshals and their <leputies shall have in each 
State the same powers in executing the laws of the United States as the 
sheriffs and tlieir deputies in such State may have by law in executing 
the laws thei-eof." 

By subsequent statutes, additional duties have been from time to 
time imposed upon the marshals and their deputies, the due and regu- 
lar performance of which are required for the efficiency of almost every 
branch of the public service. Without these officers there Avould be no 
means of executing the warrants, decrees, or other process of the courts, 
and the judicial system of the country would be fatally defective. The 
criminal jurisdiction of the courts of the United States is very exten- 



218 LETTERS AND MESSAGES. 

sive. The crimes committed within the maritime jurisdiction of the 
United States are all cognizable only in the courts of the United States. 
Crimes against public justice; crimes against the operations of the 
Government, such as forging or counterfeiting the money or securities 
of the United States; crimes against the postal laws; offences against 
the elective franchise, against the civil rights of citizens, against the 
existence of the Government; crimes against the internal-revenue laws, 
the customs laws, the neutrality laws; crimes against laws for the pro- 
tection of Indians, and of the public lands— all of these crimes, and 
many others, can be punished only under United States laws — laws 
which, taken together, constitute a body of jurisprudence which is ^^tal 
to the welfare of the whole country, and which can be enforced only by 
means of the marshals and deputy marshals of the United States. In 
the District of Columbia all of the process of the courts is executed by 
the officers in question. In short, the execution of the criminal laws of 
the United States, the service of all civil process in cases in which the 
United States is a party, and the execution of the revenue laws, the 
neutrality laws, and many other laws of large importance, depend on 
the maintenance of the marshals and their deputies. They are in eft'ect 
the only police of the United States Government. Officers with corre- 
sponding powers and duties are found in every State of the Union and 
in every country which has a jurisprudence which is worthy of the 
name. To deprive the National Government of these officers would be 
as disastrous to society as to abolish the sheriffs, constables, and police 
officers in the several States. It would be a denial to the United States 
of the right to execute its laws— a denial of all authority which requires 
the use of civil force. The law entitles these officers to be paid. The 
funds needed for the purpose have been collected from the people, and 
are now in the Treasury. No objection is therefore made to that part 
of the bill before me Avhich appropriates money for the support of the 
marshals and deputy marshals of the United States. 

The bill contains, however, other provisions which are identical in 
tenor and effect with the second section of the bill entitled "An act 
making appropriations for certain judicial expenses," which, on the 2;>d 
of the present month, was returned to the House of Eepresentatives 
with my objections to its approval. The provisions referred to are as 
follows : 

"Sec. 2. That the sums appropriated in this act for the persons and 
public service embraced in its provisions are in full for such persons 
and i)ublic service for the fiscal year ending June thirtieth, eighteen 
hundred and eightv; and no Department or officer of the Government 
shall, during said iiscal year, make any contract or incur any liability 



LETTERS AND MESSAGES. 219 

for tlie future payment of money under any of the provisions of title 
twenty-six mentioned in section one of this act until an appropriation 
sufficient to meet such contract or pay such liability shall have first 
been made by law." 

Upon a reconsideration, in the House of Kepresentatives, of the bill 
which contained these provisions it lacked a constitutional majority, 
and therefore failed to become a law. In order to secure its enactment 
the same measure is again presented for my approval, coupled in the 
bill before me with appropriations for the support of marshals and their 
deputies during the next fiscal year. The object manifestly is to place 
before the Executive this alternative: either to allow necessary func- 
tions of the public service to be crippled or suspended for want of the 
appropriations required to keep them in operation, or to approve legis- 
lation which in ofticial communications to Congress he has declared 
would be a violation of his constitutional duty. Thus, in this bill the 
principle is clearly embodied that, by virtue of the provision of the Con- 
stitution which requires that "all bills for raising revenue shall origi- 
nate in the House of Eepresentatives," a bare majority of the House 
of Representatives has the right to withhold appropriations for the 
support of the Government unless the Executive consents to approve 
any legislation which may be attached to appropriation bills. I respect- 
fully refer to the communications on this subject which I have sent to 
Congress during its present session for a statement of the grounds of 
my conclusions, and desire here merely to repeat that, in my judgment,, 
to establish the principle of this bill is to make a radical, dangerous^ 
and unconstitutional change in the character of our institutions. 

EUTHEEFOED B. HAYES. 

Executive Mansion, June 30, 1879. 



IVEESS^aE 



TO 



THE TWO HOUSES OF CONGRESS. 



JUNE 30, 1879. 



MESSAGE. 



To THE Senate and House of Eepresentatives : 

The bill luakiug provision for the payment of the fees of United 
States marshals and their general deputies, which I have this day re- 
turned to the House of Eepresentatives, in which it originated, with 
my objections, having upon its reconsideration by that body failed to 
become a law, I respectfully call your attention to the immediate 
necessity of making some adequate provision for the due and efficient 
execution by the marshals and deputy marshals of the United States 
of the constant and important duties enjoined upon them by the ex- 
isting law^s. All appropriations to provide for the performance of 
these indispensable duties expire to-day. Under the laws prohibiting 
public officers from involving the Government in contract liabilities 
beyond actual appropriations, it is apparent that the means at the 
disposal of the Executive Department for executing the laws through 
the regular ministerial officers will after to-day be left inadequate. 
The suspension of these necessary functions in the ordinary adminis- 
tration of the first duties of Government for the shortest period is 
inconsistent with the public interests, and at any moment may prove 
inconsistent with the public safety. 

It is impossible for me to look without grave concern upon a state 
of things which will leave the public service thus unprovided for and 
the public interests thus unprotected, and I earnestly urge upon your 
attention the necessity of making immediate appropriations for the 
maintenance of the service of the marshals and deputy marshals for 
the fiscal year which commences to-morrow. 

RUTHERFORD B. HAYES. 

Executive Department, June 30, 1879. 



i 



ADDRESS 



ANNUAL EEUNION OP THE TWENTY-THIRD EEGIMENT, OHIO VETEEAN 
VOLUNTEER INEANTRY, AT YOUNGSTOWN, OHIO. 

SEPTEMBER 17, 1879. 



15 



ADDRESS. 



Comrades and Fellow Citizens : 

After almost a year spent in Washington, engrossed in public affairs, 
it is a great pleasure to visit again my friends in Ohio, and especially to 
meet so many of my old comrades at this yearly reunion of the Twenty- 
third Eegiraent. Since we last met at Willoughby, a year ago, there 
has been a vast improvement in the business condition of our country. 
Whatever differences of opinion may be still found among the people of 
this part of Ohio as to the importance of the resumption of specie pay- 
ments, and as to the methods by which it has been accomplishea, there 
is one kind of resumption which is very noticeable in Toungstown, and 
which is making rapid progress in the whole country, about which I 
imagine we are all heartily agreed. When I last visited this beautiful 
valley of the Mahoning, four years ago, the financial crisis, and the 
gloomy outlook for business and labor and capital, occupied the thoughts 
and depressed the spirits of the people wherever I met them, whether 
ju public assemblies, at their places of business, or at their hospitable 
homes. Now, however, how great and how gratifying is the change t 
All around us here, and throughout the country generally, we see cheer- 
ing and hopeful indications of better times. Not only have specie pay. 
ments been resumed, but business activity and profitable employment 
for capital and labor have come also. The chief industry and interest 
of this valley — the great iron interest — already begins to share largely 
in the benefit of our improved condition, and I therefore heartily con- 
gratidate all classes of citizens in this large assemblage on the present 
favorable business situation, and on the bright and encouraging pros- 
pect which the future holds out. 

There is a subject interesting to every citizen, and especially to those 
who served in the Union Army, in regard to which I wish to say a few 
words: 

Since our last reunion, in several of the States and in Congress, events 
have occurred which have revived the discussion of the question as to 
the objects for which we fought in the great conflict from 1861 to 1865, 
and as to what was accomplished by the final triumph of the Union 
cause. The question is, What was settled by the wax? What may 



228 LETTERS AND .MESSAGES. 

those who foughtfortheUnion justly claim; and what ouoht those who 
fought for secession, faithfully to accei)t as the legitimate results of the 
war? 

An eminent citizen of our State, Mr. Groesbeck, said some years ago, 
that "war legislates." He regarded the new constitutional amend- 
ments as part of the legislation of the war for the Union, and said, with 
significant emphasis, "and they will stand." The equal -rights amend- 
ments are the legislation of the war for the Union, and they ought to 
stand. Great wars always legislate. A little more than a hundred 
years ago, this land, where we now are, was claimed and held by France. 
General Wolfe, on the ])lains of Abraham, settled that claim, and the 
result was the transfer of the title and jurisdiction of this entire section 
of the country to England. For a few years its chief ruler was the 
English King. The Revolution followed, and the question of its 
ownership was again the subject of war legislation, and it became a 
part of the United States, no longer under a monarchy, but under a - 
free Republican Government. 

i need not enter into any discussion of the causes of our civil war. 
We all know that the men who iilanned the destruction of the Union 
and the establishment of the Confederate States, based their attempt 
on a construction of the Constitution called the State-rights doctrine, 
and on the interest of the people of those States in the extension and 
perpetuation of slavery. The doctrine of State-rights was, that each 
State was sovereign and supreme, and might nullify the laws of the 
Union or secede from the Union at pleasure. They held that slavery 
was the natural and normal condition of the colored man, and that, 
therefore, slavery in this liountry could and should be the corner-stone I 
of a free government. 

Ko man has ever stated the issues of the civil war more fully, more 
clearly, or more accurately than Mr. Lincoln. In any inquiry as to \ 
what may fairly be included among the things settled by our victory, 
all just and ijatriotic minds instinctively turn to Mr. Lincoln. To him, 
more than to any other man, the cause of Union and liberty is indebted 
for its final triumph. Besides, with all his wonderful sagacity, and 
wisdom, and logical taculty, dwelling intently, and anxiously, and pray- 
erfully, during four years of awful trial and responsibdity, on the 
questions which were continually arising to i)erplex and almost con- 
found him, he at last became the very embodiment of the principles by 
w^hich the country and its liberties were saved. All good citizens may 
now well listen to and heed his words. None have more reason to do 
it with respect and confidence, and a genuine regard, than those whom 



LETTERS AND MESSAGES. 229 

he addressed in his first inaugural speech as "my dissatisfied fellow- 
countrymen." The leader of the Union cause was so just and moderate, 
and patient and humane, that many supporters of the Union thought 
that he did not go far enough or fast enough, and assailed his opinions 
and his conduct ; hut now all men begin to see that the plain people, 
who at last came to love him, and to lean upon his wisdom and firmness 
with absolute trust, were altogether right, and that in deed and pur- 
pose he was earnestly devoted to the welfare of the whole country, and 
of all its inhabitants. 

Believing that :\Ir. Lincoln's opinions are of higher authority on the 
questions of the war than those of any other pubhc man on either side 
of the controversy, I desire to present them quite fully and in his own 
language. 

In the third year of the war, and while its result Avas still undecided, 
Mr. Lincoln made his memorable address at the consecration of the 
Gettysburg National Cemetery, on the IDth of November, 1S03. He 
was standing on the field of the greatest battle of the war. He was, no 
doubt, deeply impressed with the heavy responsibilities which he had 
borne so long. He spoke not as a partisan, embittered and narrow and 
sectional, but in the broad and generous spirit of a patriot, solicitous 
to say that which would be worthy to be pondered by all of his coun- 
trymen throughout all time. In his^ short speech of only two or three 
paragraphs he twice spoke of the objects of the war, once in its opening 
and again in its closing sentence. The words have been often quoted, 
but they cannot be too familiar. They bear clearly and forcibly on the 
question we are considering. 

"Four score and seven years ago," said Mr. Lincoln, "our fathers 
brought forth on this continent a new Nation, conceived in liberty and 
dedicated to the proposition that all men are created equal. Now we 
are engaged in a great civil war, testing whether that Nation, or any 
Nation so conceived and so dedicated, can long endure." 

And again, in closing, he said: " It is rather for us * * * that 
we here highly resolve that the dead shall not have died in vain ; that 
the Nation shall, under God, have a new birth of freedom; and that 
Government of the people, by the people, and for the people, shall not 
perish from the earth." 

No statement of the true objects of the war more complete than this 
has ever been made. It includes them all— Nationality, Liberty, Equal 
Eights, and Self-Government. These are the principles for which the 
Union soldier fought, and which it was his aim to maintain and to per- 
petuate. 



230 LETTERS AND MESSAGES. 

If any oue supposes that that construction of our National Constitu- 
tion, which is known as the State-riglits doctrine, is consistent with 
sound principles, let him consider a few paragraphs from Mr. Lincoln's 
first message to Congress, at the extra session of ISGl. 

Speaking of what was called the right of peaceful secession — that is, 
secession in accordance with the National Constitution — he said : 

"This sophism derives much, perhaps the whole, of its currency 
from the assumption that there is some omnipotent and sacred suprem- 
acy pertaining to a State — to each State of our Federal Union. Our 
States have neither more nor less power than that reserved to them in 
the Union by the Constitution, no oue of them ever having been a State 
out of the Union. The original ones passed into the Union even before 
they cast off their British colonial dependence, and the new ones each 
came into the Union directly from a condition of dependence, except- 
ing Texas. And even Texas, in its temporary independence, was never 
designated a State. The new ones only took the designation of States 
on coming into the Union, while that name was first adopted for the 
old ones in and by the Declaration of Independence. Therein the 
'United Colouies' were declared to be 'free and independent States;' 
but, even then, the object plainly was not to declare their indepen- 
dence of o)ie another, or of the Union, but, directly the contrary, as their 
mutual i^ledge, and their mutual action, before, at the time, and after- 
wards, abundantly show. The express ])lighting of faith by each and all 
of the original thirteen, in the articles of Confederation, two years later, 
that the Union shall be jierpetual, is most conclusive. Having never been 
States, either in substance or in name, outside of the Union, whence 
this magical omnipotence of 'State-rights,' asserting a claim of ])ower 
to lawfully destroy the Union itself"? Much is said about the 'sov- 
ereignty' of the States; but the word, even, is not in the Xational 
Constitution, nor, as is believed, in any of the State constitutions. 
What is a 'sovereignty,' in the ])olitical sense of the term? Would 
it be far wrong to define it 'A political community, without a political 
sujierior V Tested by this, no one of our States, except Texas, ever was 
a sovereignty; and even Texas gave uj) the character on coming into 
the Union; by which act she acknowledged the Constitution of the 
United States, and the laws and treaties of the United States made in 
pursuance of the Constitution, to be, for her, the supreme law of the 
land. The States have their .status in the tlnion, and they have no 
other legal status. If they break from this, they can only do so against 
law, and by revolution. The Union, and not themselves separately, 
procured their indei»endence and their liberty. By conquest, or i)ur- 
chase, the Union gave each of them whatever of iudei)endence and 
liberty it has. The Union is older than any of the States, and, in fact, 
it created them as States, Originally, some dependent colonies made 
the Union, and, in turn, the Union tlirew off their old dependence for 
them, and made them States, such as they are. Xot one of them ever 
had a State constitution in<lei)endent of the Union. Of course, it is 
not forgotten that all the new States framed their constitutions before 
they entered the Union; nevertheless, dependent upon, and prepara- 
tory to, coming into the Union." 

Unquestionably the States have the powers and rights reserved to 



LETTERS AND MESSAGES. 231 

them in and by the National Constitution; and upon this point, in 
another part of this great message, Mr. Lincoln says : 

" This relative matter of National power and State-rights, as a prin- 
ciple, is no other than the principle of generality and locality. What- 
ever concerns the whole should be confided to the whole — to the Gen- 
eral Government; while w^hatever concerns only the State should be 
left exclusively to the State. This is aU there is of original principle 
about it." 

Mr. Lincoln held that the United States is a Nation, and that its 
Government possesses ample power under the Constitution to maintain 
its authority and enforce its laws in every part of its territory. The 
denial of this principle by those who asserted the doctrine of State- 
rights, and who rightly claimed that it was inconsistent with State 
sovereignty, made up an issue over which arose one of the leading 
controversies which led to the civil war. The result of the war decided 
that controversy in favor of nationahty and in favor of the supremacy 
of the National Government. 

On the question of human rights, Mr. Lincoln was equally explicit, 
and often declared that it was involved in the conflict, and to be decided 
by the result. In his matchless message, already quoted, he says : 

"Our adversaries have adopted some declarations of independence, 
in which, uulike the good old one, penned by Jefferson, they omit the 
words, ' all men are created equal.' Why ? They have adopted a tem- 
porary national constitution, in the preamble of which, unlike our good 
old one, signed by Washington, they omit, ' We, the people,' and substi- 
tute, ' Wo, ttie deputies of the sovereign and independent States.' Why % 
Why this deliberate pressing out of view the rights of men, and the 
authority of the people? This is essentially a People's contest. On 
the side of the Union it is a struggle for maintaining in the world that 
form and substance of government whose leading object is to elevate 
the condition of men ; to lift artificial weights from all shoulders ; to 
clear the paths of laudable pursuit to all ; to afford all an unfettered 
start, and a fair chance in the race of life. Yielding to partial and 
temporary departures, from necessity, this is the leading object of the 
Government for whose existence we contend. I am most happy to 
believe that the plain people understand and appreciate this." 

On the subject of suffrage, Mr. Lincoln's guiding principle was that 
"no man is good enough to govern another man without that other 
man's consent." 

Thus we have from the lips and pen of Mr. Lincoln— the great leader 
and representative of the Union cause— in the most solemn and authen- 
tic form, a complete statement of the issues of the war. He held that 
the Union is perpetual; that its Government is national and supreme; 
and that all of its inhabitants should be free, and be accorded equal 
civil and poUtical rights. 



232 LETTERS AND MESSAGES. 

These are the great fundamental principles, affirmed on the one side, 
and denied on the other, iii)on which the appeal was made to the God 
of battles. I do not undertake to review the debate as to the nature 
and powers of the Government of the Union, and as to the doctrine of 
State-rights, which began with the foundation of our institutions, and 
which was continued until it was hushed by the clash of arms. It is 
enough for my present purpose to say that, as a matter of history, all of 
the political i)arties of the past, when charged with the responsibility of 
directing the affairs of the Government, have maintained, in their prac- 
tical administration of it, precisely the same principles which were held 
by President Lincoln. The principles as to the powers of the National 
Government which were acted upon by Washington and Jackson, and 
which are sustained by the decisions of Chief Justice Marshall, and by 
which Lincoln and the Union armies crushed the rebellion and rescued 
the Eepublic, are among the legitimate and irreversible results of the 
war which ought not to be questioned. 

Touching the remaining important controversy settled by the war, 
the public avowals of opinion are almost all in favor of the faithful 
acceptance of the new constitutional amendments. On this subject the 
speeches of public men and the creeds and platforms of the leading 
political parties have for some years past been explicit. In 1S72, all 
parties in their respective National Conventions adoi)ted resolutions 
recognizing the equality of all men before the law, and pledging them- 
selves, in the words of the Democratic National Convention, "to main- 
tain emancipation and enfranchisement, and to oppose the reopening of 
the questions settled by the recent amendments to the Constitution." In 
1876, the great political parties again, in the language of the St. Louis 
National Convention, affirmed their " devotion to the Constitution of the 
United States, with its amendments universally accepted as a final settle- 
ment of the controversies that engendered the civil war." Notwith- 
standing these declarations, we are compelled to take notice that, while 
verj' few citizens anywhere woidd wish to re-establish slaverj^ if they 
could, and no one would again attempt to break up the Union by seces- 
sion, there still remains in some communities a dangerous practical denial 
to the colored citizens of the political rights which are guaranteed to 
them by the Constitution as it now is. In the crisis of the war, Mr. 
Lincoln appealed to the colored people to take up arms. About two 
hundred thousand res]»onded to the call, enlisted in the Union armies, 
and fought for the Union cause under the L^nion flag. Equality of 
rights for the colored people, from that time, thus became one of the 
essential issues of the war. General Sherman said, "when the fight is 



LETTERS AND MESSAGES. 233 

over, the hand that drops the musket caunot be denied the ballot." 
Jefferson said long before, "the man wlio fights for the country is en- 
titled to vote." When, with the help of the colored men, the victory 
was gained, the Fifteenth Amendment followed naturally as one of its 
legitimate results. No man can truthful!}' claim that he faithfully 
accepts the true settlements of the war, Avho sees with indifference the 
Fifteenth Amendment practically nullified. 

No one can overstate the evils which the country must suffer if law- 
less and violent opposition to the enjoyment of constitutional rights is 
allowed to be permanently successful. The lawlessness which to-day 
assails the rights of the colored people will find other victims to-mor- 
row. This question belongs to no race, to no party, and to no section. 
It is a question in which the whole country is deeply interested. 
Patriotism, justice, humanity, and our material interests, all plead on 
the right side of this question. The colored people are the laborers 
who x)roduce the cotton which, going abroad to the markets of the 
world, gives us that favorable balance of trade which is now doing so 
much for the revival of all business. The whole fabric of society rests 
upon labor. If free laborers suffer from oppression and injustice, they 
will either become discontented and turbulent, destroyers of property, 
and not producers of property, or they will abandon the communities 
which deprive them of their inalienable rights. In either case, social 
order and the peaceful industries upon which prosperity depends are 
imperilled and perhaps sacrificed. It will not do to say that this is an 
atfair which belongs solely to the distant States of the South. The 
whole country must suffer if this question is not speedily settled, and 
settled rightly. Where the two races are numerous, prosperity can only 
exist by the united and harmonious efforts of both the white people and 
the colored people. The only solid foundations for peace and progress 
in such communities are equal and exact justice to both races. Con- 
sider the present situation ? Whatever complaints may have been heard 
during the i^rogress of reconstruction, candid men must admit that all 
sections and all States are now equally regarded, and share alike the 
rights, the privileges, and the benefits of the common Government. 
All that is needed for the permanent pacification of the country is, the 
cordial co-operation of all well-disposed citizens to secure the faithful 
observance of the equal-rights amendments of the 'Constitution. 

Happily, in the very communities where lawlessness has been most 
general and most successful, there are editors of newspapers and other 
influential citizens who speak out and denounce these crimes against 
free government. It is plain that a sound ijublic opinion is forming 



234 LETTEES AND MESSAGES. 

where it is most needed, ^o community can afford to allow any of its 
citizens to be oppressed — to lose their riglits. To be indifferent on tlie 
subject is to disregard interest and duty. The Union citizens and sol- 
diers can do much to remove the evils we are considering. Let it be 
understood that no public man in any party will be sustained unless he 
will undertake to carry out in good faith the pledges made in all our 
platforms in regard to the rights of colored citizens; unless he will sujd- 
port laws providing the means required to punish crimes against them; 
and unless he will oppose the admission of any man to either House of 
Congress whose seat has been obtained by the violation of the Fifteenth 
Amendment. The right of suffrage is the right of self-protection. Its 
free exercise is the vital air of Republican institutions. 

To establish now the State-rights doctrine of the supremacy of the 
States, and an oligarchy of race, is deliberately to throw away an essen- 
tial part of the fruits of the Union victory. The settlements of the 
war in favor of equal rights and the supremacy of the laws of the Nation 
are just and wise, and necessary. Let them not be surrendered. Let 
them be faithfully accepted and firmlj- enforced. Let them stand, and, 
with the advancing tide of business prosperity, we may confidently 
hope, by the blessing of Di\ine Providence, that we shall soon enter 
upon an era of harmony and progress such as has been rarely enjoyed 
by any people. 



ADDRESS 



THE MICHIGAN STATE FAIR, AT DETROIT, 

SEPTEMBER 18, 1879. 



ADDRESS. 



Fellow-Citizens of Michigan: 

E-eacliing Detroit only a few hours ago, I cannot, from x^ersonal ob- 
servation, speak of the condition of your agriculture, or of your min- 
ing, manufacturing, and other large business interests. The informa- 
tion which I get, however, from the newspapers and from conversations 
with intelligent citizens, leads me to suppose that the outlook for the 
laborer, the capitalist, and the people generally, is, in this State, at 
least as favorable as that of the people of the country at large. This 
is what one would expect from its well-known advantages. Your State 
is almost surrounded by the navigable waters of inland seas, which 
communicate with many markets in different States, and in countries 
beyond the ocean. It is midway, by the best of railway-routes of 
travel and trade, between the old and the new States. It has mines of 
copper and iron. It has manufactures, salt, and lumber, and raises in 
abundance the most valuable crops and animals which are produced in 
the north temperate zone. It possesses a climate which is healthful 
and friendly to labor, and which gives vigor and character to men and 
women. Satisfactory as the material resources of Michigan unques- 
tionably are, they do not constitute that excellence which perhaps 
chieiiy attracts the admiration, and possibly excites the envy, of your 
less fortunate neighbors. All the world knows that when the list is 
made up of the most favored States of this country, and of the most 
favored countries of the Old World, with respect to education — either 
general education or the higher education — an honored and very con- 
spicuous place on that list must be given to the State of Michigan. 

A year ago, making a visit of two or three weeks to the West and 
ISTorthwest, I thought it might be useful to speak of the financial con- 
dition of the country, and to present a hopeful view of the situation 
and prospects. The business depression which followed the panic of 
1873 had then lasted five years ; but there were indications of improve- 
ment, and it seemed to me that what was most needed was confidence, 
and that a presentation of encouraging facts and figures would tend 
to inspire confidence. It was my opinion, also, that there could be no 
permanent revival of business prosperity until the currency was placed 



238 LETTERS AND MESSAGES. 

upon a sound basis, and was excliangeable at its par value in the uni- 
versally-recognized money of the world. The friends of the constitu- 
tional currency generally believed that this end could only be reached 
by the faithful execution of the Eesumption Act ; that there was no 
need of further legislation; and that the true policy was to stop tink- 
ering with the currency. Accordingly, the pith of what I wished to 
say last year to audiences like this was, that we ought to " let well 
enough alone." Now the resumption of specie payments has come, and 
with it have come also better times. 

The evidences of good times are numerous, palpable, and cheering. 
One bright day in June last, more steamers — more shipping of all 
sorts — gathered in NewTork harbor than was ever before seen in that 
great mart of commerce, and their tonnage was in greater excess com- 
paratively than the number of vessels. The lines of the Pennsylva- 
nia Railroad east of Pittsburgh and Erie, for the first seven months of 
this year, as compared with the same period in 1878, show an increase 
of gross earnings of $1,208,294, an increase of expenses of $750,985, 
and an increase in net earnings of $448,309; the lines of the Philadel- 
phia and Eeading Railroad (the great anthracite-coal road) a net in- 
crease of $1,340,000 for the same period. The latest published state- 
ment of the Erie Railway Company shows a net increase of $561,000. 
The Baltimore and Ohio Raikoad Company shows a net increase of 
#532,000 for the first ten months of its current fiscal year, beginning in 
October last. It is estimated that more than a thousand miles of rail- 
road track have already been laid this year in the United States — a 
greater mileage than in the same period in any year since 1873. Work- 
ers in iron and steel find their business recovering so rapidly from its 
great depression that they are unable to fill their orders, and their 
annual production is likely soon to surpass the highest figures ever 
reached. The building of iron steamships in successful competition 
with Europe is fully established on the Delaware. Our cotton facto- 
ries are again all at work, and running on full time. Our mines of 
precious metals are increasing their product, and it mainly stays at 
home. Our manufactures go abroad more than ever before; our cur- 
rency is exchangeable at par in the markets of the world_^with the 
money of the world ; and, finally, and most important, the demand for 
labor has increased and is increasing. It extends to cotton-mills, 
iron and glass-works, machine-shops, brick-making, building, the 
clothing trade, and nearly all branches of industry. The "Philadel- 
phia Record," on the authority of a well-known statistician, states that 
there are twenty thousand more laborers employed in that city than 



LETTERS AND MESSAGES. 



239 



there were a year ago. Our exports for the year 1878 amoimted to 
$710,439,441, and the excess of exports over imports was $264,661,001, 
both sums being greater than in any previous year. 

The following tables show the rapid advance our farmers and manu- 
facturers are making in supplying both the foreign and the home mar- 
kets. They were prepared by Mr. Joseph Nimmo, jr., the able chief 
of the Bureau of Statistics of the Treasury Department: 



DOMESTIC EXPORTS. 



Values of ilie 



2)rincq)al commodHies of domestic prod uciion the exportation of ivhich greatly 
increased from June ".50, 1868, to June 30, 1879. 



Commodities. 



Vnlue exported during the 
year euded June 30 — 



Agricultural implements 

Animals, living : 

Bread and bieadstufifs 

Coal v;--- 

Copper and brass, and manufactures of, not including 
copper ore 

Cotton, manufactures of 

Fruit 

Iroii and steel, and manufactures of, exclusive of fire- 
arms, but including scales and balances, sewing-ma- 
chines and tire-engines 

Leather of all kinds 

Mineral oil, illuminating 

Provisions 

Sugar, refined 

TaSow 

Total 



1868. 



$673, 381 

733, 395 

69, 024, 059 

1, 516, 220 

496, 320 

4, 871, 054 

406, 512 



5, 491, 306 

607, 105 

19, 752, 143 

30, 436, 642 

313, 378 

2, 540, 227 



136, 861, 751 



1879. 



$2, 9.33, 388 

11, 487, 754 

210, 35.-., 528 

2, 319, 398 

3, 031, 924 
10, 853, 950 

1, 916, 382 



12, 766, 294 
6, 800, 070 

35, 999, 8(i2 

116, 858, 650 

6, 164, 024 

6, 934, 940 



Increase in 
1879 over 
1868. 



$2, 260, 007 

10, 754, 3.59 

141, 331, 469 

803, 178 

2, 535, 595 
5, 982. 896 
1, 509, 870 



7, 274, 988 
6, 192, 965 
16, 247, 719 
86, 422, 008 
5, 850, 646 
4, 394, 713 



428, 422, 164 



291, 560, 413 



VALUES OF CERTAIN DOMESTIC EXPORTS. 

Comparative statement of the values of certain articles of domestic production exported from 
the United States during the f seal years ended Jvne 30, 1873, 1876, and 1879. 



Articles. 



Fiscal year ended June 30 — 



Indian-corn 

Wheat 

Wheat-flour 

Cotton manufactured, (colored and uncol 

ored) 

Railroad-bars 

Locomotives 

Mineral oil, illuminating 

Bacon and liams 

Beef, fresh and salted 

Butter 

Cheese 

Lard 

Sugar, refined 

ToDacco, leaf 



123, 794, 694 
51, 452, 254 
19, 381, 664 

2, 252, 028 

104, 054 

9.52, 655 

37, 195, 735 

35, 022, 137 

2, 447, 481 

952, 919 

10, 498, 010 

21, 245, 815 

1, 142, 824 

22,689,135 



!|33, 265, 280 

68, 382, 899 

1 24,43.3,470 

1 6, 770, 200 

57, 109 

.561, 559 

1 28,7.5.5,638 

I 39,664,456 

I 3, 186, 304 

i 1, 109, 496 

12, 270, 083 

22, 429, 485 

5, 5.52, 587 

22, 737, 383 



840, 655, 120 
130, 701, 079 
29, 567, 713 

9, 497, 416 

233, 514 

567, 302 

35, 999, 862 

51, 074, 433 

7, 219, 458 

5, 421, 205 
12, .579, 968 
22, 856, 673 

6, 164, 024 
25, 157, 364 



Increase in 
1879 over 
1876. 



$7, 389, 840 
62, 318, 180 
5, 134, 243 

2, 727, 216 

176, 405 

5,743 

7, 244, 224 
11, 409, 977 

4, 033, 154 

4, 311, 709 
309, 885 
427, 188 
611, 437 

2, 419, 981 



3 n 



22.2 
91.1 
21.0 

40.3 

308.9 

1.0 

25.2 

28.8 

126.6 

388.6 

2.5 

1.9 

11.0 

10.6 



240 



LETTERS AND MESSAGES. 



QUANTITIES OF CKRTAIX DOMESTIC EXPORTS. 

Comparative statement of the qtiavtities of certain articles of domestic production exported 
frovi the United States during the fiscal years ended June 30, 1873, 1876, and 1879. 



Aitic-les. 



Iiuliaii-corii Imsliela. 

Wheat liushels 

"Wlicattldiir . -banels. 

Cotton, iiiaimlactuied, colored and 

iimolored yds 

Locomotives -■ ■ ■ >>'o 

Railioadliais pounds 

Miiieial oil. illuniiiiatiiifr. ... jialls 

Bacon and lianis . . ; ]iound.s 

Beef, IVcsli and salted jiounds 

Butter ])ounds 

Cheese I)Ouuds 

Lard pounds 

Sugar, refined pounds. 

Tobacco, leaf pounds. 



Fiscal year ended June 30 — 



38,541,930 

39, 204, 285 

2, 562, 086 

13, 772, 774 

58 

2, 832, 592 

l.'-.8, 102, 414 

395, 381, 737 

31, CO,^ U'O 

4,518,844 

80, 306, 540 

230, 534, 207 

9, 870, 738 

213, 995, 176 



49, 493, 572 
55, 073, 122 

3, 935, 512 

75, 807, 481 

44 

2, 244, 704 

204, 814, 673 

327, 730, 172 

30, 590, 150 

4, 044, 894 
97, tno, 204 

108. 405, 839 

51, 840, 977 

218, 310, 265 



86, 296, 252 

122, 353, 936 

5, 629, 714 

129, 197, 377 
73 

14, 097, 583 
331, 586, 442 
732, 249, 576 

90, 970, 395 

38, 248, 016 
141,654,474 
326, 658, 686 

72, 309, 009 
322, 279, 540 



Iucrea.se in -i^ » 
1879 over § © 
1876. ? o 



36, 802, 680 

67, 2b0, 814 

1, 094, 202 

53, 389, 896 

29 

11,852,879 

126,771,769 

404, 519, 404 

54, 380, 245 
33, 003, 122 
43, 978, 210 

158, 252, 847 
20, 468, 032 
103, 969, 275 



74.4 

122.2 

43.0 

70.4 

65.9 

528.0 

61.9 

123. 4 

148.6 

723.4 

45.0 

94.0 

39.5 

47.6 



VaJiKK of the principaJ commodities of foreign production the importation of which greatly 
decreased from June 30, 1873, to June 30, 1879. 



Commodities. 



"Watches and watch-movements and materials. 

Textiles: 
Cotton, manufactures of, (not including ho- 
siery, shiits. and drawers) 

Flax, manufactures of 

Silk, manufactures of 

Clothing, (inchiding hosiery, shirts, and 

drawers of cotton and wool) 

Wool, and manufactures of: 

Uumanufactured 

Carpets 

Dress-goods - - - ■ 

Other manufactures of, (not including 
hosieiy, shirts, and drawers) 



Value imported during the year ended Decrease of 
J"°e 3"- 1879 as 

— compared 
with 1873. 




1878. 



1879. 



§812, 582 



$920, 599 $2, 354, 226 



129, 752, 116 
20, 428, 391 
29, 890, 035 

8, 496, 993 

20, 4.33, 938 
4, 388, 257 
19, 447, 797 



$14, 398, 791 
14, 413, 000 
19, 837, 972 

6, 540, 587 

8, 303, 015 

398, 389 

12, 055, 806 



$14, 930, 975 
14, 693, 842 
24, 013, 398 



5, 034, 555 

367, 105 

12, 436, 861 



Total textiles . 



Iron and steel, and manufactures of: 

Pig-iroTi 

Bar, boiler, band, hoop, scridl, and .sheet-iron . 
Anchors, cables, cliains. castings, hardware, 

machinery, old and scrap iron 

Railroad-bars or rails 

Steel ingots, bars, sheets, and wire 

rircarms, tiles, cutlery, saws, and tools 

All other manufactures of 



Total iron and steel . 



.59, 308, 452 



Copper, and manufactures of, (uot including 

co))])er ore) 

Lead, anil uianufa<'tures of 

Leatlu r of all kinds 

India-rubber and gutta-percha, manufactures 



Tea 



$3, 687, 096 
3, 247, 153 
6, 766, 202 

900, 187 
24, 466, 170 



$371, 518 

301, 894 

3, 784, 729 

242, 504 
15, COO, 168 



$294, 707 

64, 340 

3, 667, 564 

174. 137 
14, ,577, 618 



14, 821, 141 
5, 734, 549 
5, 876, 037 



6, 560, 456 1, 936, 537 



15, 399, 383 
4, 021, 152 
7, 010, 936 



20,626,721 


12,193,037 


11, 158, 030 


15, 468, 691 


1.59, 404, 248 


88, 201, 197 


89, 195, 222 


70, 269, 026 



$7, 293, 769 
7, 477, 556 


$1, 250, 057 
1, 627, 052 


$1, 924, 128 
1, 378, 976 


$5, 279, 641 
6, 098, 580 


9, 416, 293 
19, 740, 702 
4, 1.5.5, 2.34 
4, 093, 097 
7, 221, 801 


920,790 

530 

1,2-20,037 

1,029,001 

2,410,10.-. 


845, 306 

78,257 

1.281,942 

1,846,026 

2, 091, 853 


8, 570, 927 
19, 062, 445 
2, 873, 292 
2, 246, 471 
5, 129, 948 



9, 447, 148 4!l, 801, 304 



$3, 392, 389 
3, 182, 813 
3, 098, 638 

726, 050 
9, 888, 552 



Grand total 261, 114, 333 118, 492, 284 i 118, 341, 335 142, 772, 998 



LETTERS AND MESSAGES. 241 

With these authentic and significant facts and figures before us, we 
may reasonably assume that the country has entered again upon a 
period of business prosperity. The interesting questions now are, 
have the good times come to stay ? What can we do in private and 
in public affairs to prolong the period of prosperity, and to mitigate 
the severity of hard times when they again return? The prospects 
are now bright, but all experience teaches that the wheel of human 
affairs, always turning, brings around those tremendons events called 
financial panics, if not with regularity, at any rate with certainty. Tlie 
writer of an intelligent article in one of the monthlies says : " Panics, it 
has been observed, recur about every twenty years in this country, and 
almost every ten years in England." The explanation of this is not 
difficult to discover. In good times the tendency is to extravagance 
to speculation, and to running in debt. Many spend more than they 
earn, and the balance of trade soon begins to run against communities 
and individuals. When this has continued until the business of the 
country is loaded down with debts, a financial crisis is inevitable, and 
only waits for "the last straw." If this view is correct, the way to meet 
the dangerous tendencies of flush times is plain. Let two of Doctor 
Franklin's homely proverbs be strictly observed by individuals and by 
communities. One is: "Never live beyond your means;" and the other 
is like unto it, namely — "Pay as you go." 

It is easy to see that, if these old maxims of the philosophy of common 
sense could have general practical acceptance, the period of good times 
would be greatly prolonged, and the calamities of hard times would be 
vastly diminished. There can be no great financial crisis without large 
indebtedness, and the distress which it brings is in proportion to the 
extent of the extravagance, speculation, and consequent indebtedness 
which have caused it. Those who are out of debt suffer least. Where 
the debts are heaviest the calamity is heaviest. But it is of public in- 
debtedness, and especially of the debts of towns and cities, that I wish 
to say a few words. 

The practice of creating public debts, as it prevails in this country, 
especially in municipal government, has long attracted very serious at. 
tention. It is a great and growing evil. States, whose good name and 
credit have been hitherto untarnished, are threatened with repudiation. 
Many towns and cities have reached a point where- they must soon face 
the same peril. I do not now wish to discuss the mischiefs of repudia- 
tion. My purpose is merely to make a few suggestions as to the best way 
to avoid repudiation. But, in passing, let me observe : Experience in 
this country has shown that no State or community can, under any cir. 
IG 



242 LETTERS AND MESSAGES. 

cumstances, gain by repudiation. The repudiators themselves cannot 
afford it. The community that deliberately refuses to provide for its 
honest debts loses its good name and shuts the door to all hope of future 
prosperity. It demoralizes and degrades all classes of its citizens. Cap- 
ital and labor and good people will not go to such communities, but will 
surely leave them. If I thought my words could influence any of my 
countrymen who are so unfortunate as to be compelled to consider this 
question, I would say,Llet no good citizen be induced by any prospect 
of advantage to himself or to his party to take a single step towards 
repudiation. Let him set his face like flint against the first dawning of 
an attemi^t to enter upon that downward pathway. It has been well 
said that the most expensive way for a community to get rid of its honest 
debts is repudiation^ 

Eeturning to the subject of municipal debts, it is not alone those that 
live in towns and cities who are interested in their wise and economical 
government. All who trade with their citizens, all who buy of them, 
all who sell to them — in a word, the whole of the laboring and producing 
classes — must bear a share of their burdens. The taxes collected in the 
city find their way into the price-lists of what is bought of and sold to 
the farmers and laborers in the country. On the questions of debt and 
taxation the dwellers of the city and those who habitually deal with 
them form together one community and have a common interest. 

The usual argument in favor of creating a city debt is, that the pro- 
posed building or improvement is not for this generation alone, but is 
also for the benefit of posterity, and, therefore, posterity ought to help 
to pay for it. This reasoning will not bear examination. Each gen- 
eration has its own demands upon its purse. It should not be called 
on to pay for the cast-off garments of its ancestors. 

The appliances and structures which our ancestors jirovided for 
water, light, streets, parks, cemeteries, for putting-out fires, for police^ 
for locomotion, for education, and for the thousand other necessities of 
city life, would not be well suited to the tastes, habits, and wants of 
our day. This generation must have steam fire-engines and water- 
works, and its tax-payers do not want to be called upon to pay for the 
cisterns, the fire-buckets, and the pumps of thirty years ago. 

Municipal borrowing is the parent of waste, profligacy, and corrup- 
tion. Money that comes easily goes easily. In this career of reckless 
extravagance, cities build and buy what they do not need, and pay for 
wliat they get far more than it is worth. I adopt the Avords of the val- 
uable report of the Pennsylvania Commission appointed to devise a 
plan for the government of cities. To sum it up, it too often hap- 



LETTERS AND MESSAGES. 243 

pens that "the men who authorize the contracts are substantially the 
men who profess to perform them; the men who fix the prices are 
substantially the men who receive the pay for performing the labor ; 
and the men who issue the bonds are the men who receive the money." 

The magnitude and the growth of this evil are shown by statistics 
with which the x)ublic is familiar. I do not choose to detain you by 
repeating them in detail. 

A few weeks ago the "Kew York Tribune" called attention to an ex- 
cellent article on this subject in the "Princeton Review," by Mr. Rob- 
ert P. Porter, in which it is shown that local debts have, since the war, 
increased out of all proportion to the increase of property and jjopula- 
tion. Mr. Porter shows that in one hundred and thirty cities the debt 
increased from $221,312,000, in 1866, to $644,378,663 in 1876. The 
percentage of increase is about 200 per cent, in ten years, while the 
property of these cities increased but 75 per cent., and their population 
only 33 per cent. The total local indebtedness of all of the States, 
omitting the Territories, it is estimated in the article referred to, at the 
close of 1878, was $1,051,106,112. In many instances it is shown that 
the annual amount of interest paid by cities on their debts is almost 
equal to the total annual expenses for carrying on their local govern- 
ments. The volume of the local indebtedness of the country akeady 
exceeds one-half the great war debt of the Nation, and the interest 
upon them, from the high rates usually paid, will soon equal the total 
interest upon the National debt. 

The urgent question that is now pressing for consideration is, how to 
-deal with these large and increasing local debts. The best answer, it 
seems to me, is simple, ready at hand, and sufficient : Do not have any 
local debts. Let it be embodied in the constitution and laws of every 
State that local authorities shall create no debts; that they shall make 
no appropriations of money until it is collected and on hand; that all 
appropriations shall be for specific objects, and that as to existing debts, 
suitable provision shall be made for their extinguishment. 

To pay off the old debts, to create no new debts, will be difiBcult and 
embarrassing. Valuable reforms always are difiBcult, and thorough 
work often is embarrassing. If we would be rid of the peril of ap- 
proaching bankruptcy and repudiation which now threaten so many 
towns and cities, there must be a halt to this dangerous downward 
march. If the remedies I have suggested are too radical, let others be 
proposed and acted on, and that promptly. 

The policy of preventing the creation of local debts by positive con- 
stitutional prohibition is fully sustained by the experience of the States 



244 LETTERS AND MESSAGES. 

with respect to State debts. Constitutions in many of the okl, and in 
all of the new, States have been adopted within the last thirty or forty 
years, and almost all of them contain provisions denying to State legis- 
latures the authority to create debts except in case of war, insurrec- 
tion, or other extraordinary emergency. Under the operation of these 
prohibitory pro^isions, the debts existing at the time of their adoption 
have been greatly reduced, and the only States now embarrassed by 
debt are those whose constitutions do not contain this wise prohibition. 

The general policy of the National Government on the subject of debt 
has always been sound. It may be summed up in a few words: No 
debts to be created in time of peace, and war debts to be paid off as 
rapidly as possible when the war ends. 

The Revolutionary -War debt, at the inauguration of the present form 
of Government, March 4, 1789, amounted to $76,000,000, and after suc- 
cessive refundings, in long-time bonds, was paid off by their redemp- 
tion, finally, in 1835. 

The debt created by the War of 1812, after refunding in 4J per cent, 
bonds, was also paid in 1835, and at the close of that year the Nation 
was i)ractically free from debt. 

The debt incurred on account of the Mexican War amounted to 
$83,552,098, the bonded debt bearing six per cent, interest, running 
from five to twenty years, and Treasury notes at various rates of inter- 
est, from one mill to five and two-fifths per cent. All of this debt was 
redeemed prior to 1870, excepting a very small amount not yet pre- 
sented for redemi^tion. 

As a marked evidence of the fidelity with which our National obliga- 
tions of this description have heretofore been met, it is worthy of note 
that, during the War of 1812, the interest on the portion of the debt 
hchl by British subjects was regularly paid, the agents of the holders 
in this country, owing to the interruption of direct commercial inter- 
course, being sometimes obliged to resort to circuitous and extremely- 
difficult routes for the transmission of payment. I find the fact re- 
marked upon by Mr. Alexander Trotter, the British author of a stand- 
ard work published in 1839, upon our National financial position and 
credit at that time. The author also notes the fact that the act of Con- 
gress passed by the first Congress that assembled after the adoption 
of the Constitution, to make provision for the payment of all the out- 
standing engagements of the Government, "with a degree of integrity 
which is rare in the history of the financial embarrassments of States," 
postponed the claims of creditors at home until those of the foreign 
creditor were provided for. 



LETTERS AND MESSAGES. 245 

Our war debt resulting from the War for the Union amounted to 
about $3,000,000,000, and has been reduced to about $2,000,000,000. 
During the last year there has been no reduction of the aggregate 
amount, but there has been a reduction of the amount of the interest- 
bearing debt of $13,700,000, and the rates of interest have bec^n so re- 
duced by refunding within the past year that there is an annual saving 
of $13,700,900 in interest. The annual uiterest on the ISTational debt 
reached its highest ])oint about ftmrteen years ago, when it was 
$150,977,097.87. It is now reduced to $83,744,710.50, a yearly saving 
of $07,232,987.37, or about forty-five per cent, of what was payable in 
1805. The policy of paying off the National debt, which, at the close 
of the war, was urged ui)on the country with so much force by the Sec- 
retary of the Treasury, Mr. Hugh McCulloch, has borne good fruit. 
Young men of this audience can remember when the Government of 
the United States found great difficulty in borrowing so small a sum 
as $25,000,000, and for a considerable part of it was compelled to pay 
as high as twelve per cent. Last spring, by reason of improved and 
strengthened credit, the Government had no trouble in borrowing, in 
the single month of April, $225,000,000 at four per cent, interest. The 
amount offered in that month exceeded five hundred millions of dollars, 
and there was one day when the amount offered was $159,000,000. 

Let the policy of extinguishing the National debt be adhered to. Let 
it be the fixed purpose of the i)eople and all who administer the Gov- 
ernment to pay off the debt within thirty-three years. It can be done 
by economy and prudence without a material increase of the burdens 
of the people. The payment of thirty-three millions a year upon the 
principal of the debt, or into a sinking-fund for that purpose, will, 
within thirty-three years, leave us free from debt as a Nation. 

That which is sound policy in National and State affairs, in regard 
to public debts, is, I believe, also wise policy in local affairs and in pri- 
vate affairs. Let it be everywhere adopted, in public and private, and 
we may welcome the advancing tide of better times, confident that we 
have found the secret that will prolong their stay, and which will go 
far to make us independent in that, I trust, distant day when a finan- 
cial panic may again strike down the general prosperity. 



I 



EXECUTIVE ORDER. 

DEATH OF SENATOR ZACHARIAH CHANDLER. 



NOVEMBER 1, 1879. 



EXECUTIVE ORDER. 



I 



Executive Mansion, 

Washington^ November 1, 1879. 

The sad intelligence of the death of Zachariah Chandler, late Secre- 
tary of the Interior, and during so many years a Senator from the 
State of Michigan, has been communicated to the Government and to 
the country ; and in proper respect to his memory I hereby order that 
the several Executive Departments be closed to public business, and 
their flags and those of their dependencies throughout the country be 
displayed at half-mast on the day of his funeral. 

E. B. HAYES. 



i 



THANKSGIVING PROCLAMATION. 



NOVEMBER 3, 1879. 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

At no recurrence of the season which the devout habit of a religious 
people has made the occasion for giving thanks to Almighty God and 
humbly invoking His continued favor, has the material prosperity en- 
joyed by our whole country been more conspicuous, more manifold, or 
more universal. 

During the past year, also, unbroken peace with all foreign nations, 
the general prevalence of domestic tranquillity, the supremacy and 
security of the great institutions of civil and religious freedom, have 
gladdened the hearts of our people, and confirmed their attachment to 
their government, which the wisdom and courage of our ancestors so 
fitly framed, and the wisdom and courage of their descendants have so 
firmly maintaiued, to be the habitation of hberty and justice to suc- 
cessive generations : 

Now, therefore, I, Rutherford B. Hayes, President of the United 
States, do appoint Thursday, the 27th day of November, instant, as a 
Day of National Thanksgiving and Prayer; and I earnestly recommend 
that, withdrawing themselves from secular cares and labors, the people 
of the United States do meet together on that day in their respective 
places of worship, there to give thanks and praise to Almighty God for 
His mercies, and to devoutly beseech their continuance. 

In witness whereof I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this third day of November, in the 
year of our Lord one thousand eight hundred and seventy- 
[SEAL.] nine, and of the Independence of the United States the one 
hundred and fourth. 

RUTHERFORD B. HAYES. 

By the President : 

W3I. M. EVAKTS, 

Secretary of State. 



]viESSA,aE: 



TWO HOUSES OF OONGEESS AT THE COMMENCEMENT 01 THE SECOND 
SESSION or THE FOKTY-SIXTH OON&EESS. 

DECEMBER 1, 1879. 



MESSAGE. 



Fellow-Citizens of the Senate 

AND House of IIepresentatives: 

The members of the Forty-sixth Congress have assembled iu their 
first regular session under circumstances calling for mutual congratu- 
lation and grateful acknowledgment to the Giver of all good for the 
large and unusual measure of national prosperity which we now enjoy. 

The most interesting events which have occurred iu our public affairs 
since my last annual message to Congress are connected with the finan- 
cial oi)erations of the Government, directly affecting the business inter- 
ests of the country. I congratulate Congress on the successful ex- 
ecution of the Eesumption Act. At the time fixed and in the manner 
contemi)lated by law, United States notes began to be redeemed in coin. 
Since the first of January last they have been promptly redeemed on 
presentation, and in all business transactions, public and private, in all 
parts of the country, they are received and paid out as the equivalent 
of coin. The demand upon the Treasury for gold and silver in exchange 
for United States notes has been comparatively small, and the volun- 
tary deposit of coin and bullion iu exchange for notes has been very 
large. The excess of the precious metals deposited or exchanged for 
United States notes over the amount of United States notes redeemed 
is about $40,000,000. 

The resumption of specie payments has been followed by a very great 
revival of business. With a currency equivalent in value to the money 
of the commercial Avorld, we are enabled to enter upon an equal coni- 
jjetition with other Nations in trade and production. The increasing 
foreign demand for our manufactures and agricultural products has 
caused a large balance of trade in our favor, which has been paid in 
gold, from the 1st of July last to November 15, to the amount of about 
$,")9,000,000. Since the resumption of specie payments there has also 
been a marked and gratifying improvement of the public credit. The 
bonds of the Government bearing only four per cent, interest have been 
sold at or above par, sufacient iu amount to pay off' all of the National 
debt which was redeemable under present laws. The amount of inter- 
est saved annually by the process of refunding the debt, since March 
17 



258 LETTERS AND MESSAGES. 

1, 1877, is $14,297,177. The bonds sold were largely in small sums, 
aiui tlie number of our citizens now holding the public securities is much 
greater than ever before. The amount of the Xational debt which ma- 
tures within less than two years is $792,121,700, of which $500,000,000 
bear interest at the rate of live per cent, and the balance is in bonds 
bearing six per cent, interest. It is believed that this part of the pub- 
lic debt can be refunded by the issue of four per cent, bouds, and, by 
the reduction of interest which will thus be effected, about eleven mil- 
lions of dollars can be annually saved to the Treasury. To secure this 
important reduction of interest to be paid by the United States, further 
legislation is required, which, it is hoped, will be provided by Congress 
during its present session. 

The coinage of gold by the mints of the United States during the 
last fiscal 'year was $40,986,912. The coinage of silver dollars, since 
the passage of the act for that purpose up to November 1, 1879, was 
$45,000,850, of which $12,700,344 have been issued from the Treasury, 
and are now in circulation, and $32,300,506 are still in the possession 
of the Government. 

The pendency of the proposition for unity of action between the 
United States and the principal commercial nations of Europe, to effect 
a permanent system for the equality of gold and silver in the recog- 
nized money of the world, leads me to recommend that Congress refrain 
from new legislation on the general subject. The great revival of trade, 
internal and foreign, will supply during the coming year its own instruc- 
tions, which may well be awaited before attempting further experimental 
measures with the coinage. I would, however, strongly urge upon 
Congress the importance of authorizing the Secretary of the Treasury 
to suspend the coinage of silver dollars upon the present legal ratio. 
The market value of the silver dollar being uniformly and largely less 
than the market value of the gold dollar, it is obviously impracticable 
to maintain them at par with each other if both are coined without 
liudt. K the cheaper coin is forced into circulation, it will, if coined 
without limit, soon become the sole standard of value, and thus defeat 
the desired object, which is a currency of both gold and silver, which 
shall be of equivalent value, dollar for dollar, mth the universally 
recognized money of the world. 

The retirement from circulation of United States notes, with the 
capacity of legal-tender in private contracts, is a step to be taken in 
our progress towards a safe and stable currency, which should be ac- 
cepted as the policy and duty of the Government, and the interest and 
security of the people. It is my firm conviction that the issue of legal- 



LETTERS AND MESSAGES. 259 

tender paper jiioney based wliolly upon the autliority and credit of the 
Government, except in extreme emergency, is without warrant in the 
Constitution, and a violation of sound financial principles. The issue 
of United States notes during the late civil war mth the capacity of 
legal-tender between private individuals was not authorized except as 
a means of rescuing the country from imminent peril. The circulation 
of these notes as paper monej', for any protracted i)eriod of time after 
the accomplishment of this purpose, was not contemplated by the 
framers of the law under which they were issued. They anticipated 
the redemption and withdrawal of these notes at the earliest practica- 
ble period consistent with the attainment of the object for which they 
were provided. 

The policy of the United States, steadily adhered to from the adop- 
tion of the Constitution, has been to avoid the creation of a National 
debt, and when, from necessity in time of war, debts have been created, 
they have been paid oif on the return of peace as rapidly as possible. 
With this view, and for this purpose, it is recommended that the exist- 
ing laws for the accumulation of a sinking-fund sufficient to extinguish 
the public debt within a limited period be maintained. If any change 
of the objects or rates of taxation is deemed necessary by Congress, it 
is suggested that experience has shown that a duty can be i^laced on 
tea and coffee, which will not enhance the price of those articles to the 
consumer, and which will add several millions of dollars annually to 
the Treasury. 

The continued deliberate violation by a large number of the promi- 
nent and influential citizens of the Territory of Utah of the laws of the 
United States for the prosecution and punishment of polygamy de- 
mands the attention of every department of the Government. This 
Territory has a population sufficient to entitle it to admission as a State, 
and the general interests of the Nation, as well as the welfare of the 
citizens of the Territory, require its advance from the territorial form 
of government to the responsibilities and privileges of a State. This 
important change will not, however, be approved by the country while 
the citizens of Utah in very considerable number uphold a practice 
which is condemned as a crime by the laws of all ci^alized communities 
throughout the world. 

The law for the suppression of this offence was enacted with great 
unanimity by Congress more than seventeen years ago, but has re- 
mained until recently a dead-letter in the Territory of Utah, because of 
the peculiar difficulties attending its enforcement. The opinion widely 
prevailed among the citizens of Utah that the law was in contraven- 



260 LETTERS AND MESSAGES. 

tion of tlie constitutional guarantee of religious freedom. This objec- 
tion is now removed. The Supreme Court of the United States has 
decided the law to be within the legislative power of C(mgress, and 
binding as a rule of action for all who reside within the Territories. 
There is no longer any reason for delay or hesitation in its enforce- 
ment. It should be firmly and effectivelj- executed. If not sufHciently 
stringent in its provisions it slnmld be amended, and, in aid of the pur- 
pose in view, I recommend that more comprehensive and more search- 
ing methods for preventing as well as punishing this crime be provided. 
If necessary to secure obedience to the law, the enjoyment and exer- 
cise of the rights and privileges of citizenship in the Territories of the 
United States may be withheld or withdrawn from those who violate 
or oi)pose the enforcement of the law on this subject. 

The elections of the past year, though occupied only with State offi- 
ces, have not failed to elicit, in the political discussions which attended 
them all over the country, new and decisive evidence of the deep in- 
terest which the great body of citizens take in the progress of the 
country towards a more general and complete establishment, at what- 
ever cost, of universal security and freedom in the exercise of the 
elective franchise. While many toi»ics of political concern demand 
great attention from our people, both in the sphere of National and 
State authority, I find no reason to qualify the opinion I expressed in 
my last annual message, that no temporary or administrative interests 
of government, however urgent or weighty, will ever displace the zeal 
of our people in defence of the primary rights of citizenship, and that 
the power of public opinion will override all political prejudices, and 
all sectional and State attachments, in demanding that all over our 
wide territory the name and character of citizen of the United States 
shall mean one and the same thing, and carry with them unchallenged 
security and respect. I earnestly appeal to the intelligence and i)atriot- 
isni of all good citizens of every part of the country, however much 
they may be divided in opinions on other political subjects, to unite in 
compelling obedience to existing laws aimed at the protection of the 
riglit of suffrage. I respectfully urge u])on Congress to sui)ply any de- 
fects in these laws which experience has shown, and which it is within 
its power to remedy. I again invoke the co-operation of the executive 
and legislative authorities of the States in this great purpose. I am 
fully convinced that if the public mind can be set at rest on this para- 
mount question of popular rights, no serious obstacle will thwart or 
delay the com]>lete pacification of the country, or retard the general 
diffusion of prosperity. 



LETTERS AND MESSAGES. 261 

In a former message I iivited the attention of Congress to the subject 
of the reformation of the civil service of the Government, and ex- 
pressed the intention of transmitting to Congress, as early as prac- 
ticable, a report upon this subject by the chairman of the Civil Service 
Commission. 

In view of the facts that, during a considerable period, the Govern- 
ment of Great Britain has been dealing with administrative problems 
and abuses, in various particulars analogous to those presented in this 
country, and that in recent years the measures adopted were understood 
to have been effective and in every respect highly satisfactory, I thought 
it desirable to have fuller information upon the subject, and accordingly 
requested the chairman of the Civil-Service Commission to make a 
thorough investigation for this purpose. The result has been an elabo- 
rate and comprehensive report. 

The report sets forth the history of the partisan-spoils system in 
Great Britain, and of the rise and fall of the i)arliamentary patronage, 
and of ofiticial interference with the freedom of elections. It shows 
that after long trials of various kiuds of examinations, those which are 
competitive and open on equal terms to all, and which are carried on 
under the superintendence of a single commission, have, with great 
advantage, been established as conditions of admission to almost every 
official place in the subordinate administration of that country and of 
British India. The completion of the report, owing to the extent of 
the labor involved in its preparation, and the omission of Congress to 
make any provision either for the compensation or the expenses of the 
Commission, has been postponed until the present time. It is herewith 
transmitted to Congress. 

While the reform measures of another Government are of no author- 
ity for us, they are entitled to intiueuce, to the extent to which their 
intrinsic wisdom, and their adaptation to our institutions and social 
life, may commend them to our consideration. 

The views I have heretofore expressed concerning the defects and 
abuses in our civil administration remain unchanged, except in so far 
as an enlarged experience has dee])ened my sense of the duty both of 
officers and of the people themselves to co-operate for their removal. 
The grave evils and perils of a partisan-spoils system of appointment 
to office and of office tenure, are now generally recognized. In the 
resolutions of the great parties, in the reports of Departments, in the 
debates and proceedings of Congress, in the messages of Executives, 
the gravity of these evils has been pointed out and the need of their 
reform has been admitted. 



262 LETTERS AND MESSAGES. 

To command the necessary support, every measure of reform must 
be based on common riglit and justice, and must be compatible with 
the healthy existence of great parties, which are inevitable and essen- 
tial in a free State. 

When the people have approved a policy at a National election, con- 
fidence on the part of the officers they have selected, and of the ad- 
visers who, in accordance with our political institutions, should be 
consulted, in the policy which it is their duty to carry into effect, is 
indispensable. It is eminently proper that they should explain it 
before the people, as well as illustrate its spirit in the performance of 
their official duties. 

Very different considerations apply to the greater number of those 
who fill the subordinate places in the civil service. Their responsibility 
is to their superiors in official position. It is their duty to obey the 
legal instructions of those upon whom that authority is devolved, and 
their best public service consists in the discharge of their functions 
irrespective of partisan politics. Their duties are the same, whatever 
party is in power and whatever policy prevails. As a consequence, it 
follows that their tenure of office should not depend on the prevalence 
of any policy or the supremacy of any party, but should be determined 
by their capacity to serve the people most usefully, quite irrespective 
of partisan interests. The same considerations that should govern the 
tenure should also prevail in the appointment, discipline, and removal 
of these subordinates. The authority of apjwintment and removal is 
not a perquisite which may be used to aid a friend or reward a parti- 
san, but is a trust to be exercised in the public interest, under all the 
sanctions which attend the obligation to apply the public funds only 
for public purposes. 

Every citizen has an equal right to the honor and profit of entering 
the public service of his country. The only just ground of discriuiina- 
tion is the measure of character and capacity he has to make that 
service most useful to the people. Except in cases where, upon just 
and recognized principles, as upon the theory of pensions, offices and 
promotions are bestowed as rewards for past services, their bestowal 
upon any theory which disregards personal merit is an act of injustice 
to the citizen, as well as a breach of that trust subject to which the 
appointing power is held. 

In the light of these principles, it becomes of great importance to 
provide just and adequate means, especially for every department, and 
large administrative office, where personal discrimination on the part 
of its head it not i)racticable, for ascertaining those qualifications to 



LETTERS AND MESSAGES. 263 

wliicli appointments and removals should have reference. To fail to 
provide such means is not only to deny the opportunity of ascertaining 
the facts upon which the most righteous claim to ofiBce depends, but, 
of necessity, to discourage all worthy aspirants by handing over aij 
pointments and removals to mere influence and favoritism. If it is the 
right of the worthiest claimant to gain the appointment, and the inter- 
est of the peoi)le to bestow it upon him, it would seem clear that a wise 
and just method of ascertaining i)ersonal fitness for office must be an 
imi)ortant and permanent function of every just and wise government. 
It has long since become impossible, in the great offices, for those hav- 
ing the duty of nomination and appointment to personally examine 
into the individual qualifications of more than a small proportion of 
those seeking office, and, with the enlargement of the civil service, that 
proportion must continue to become less. 

In the earlier years of the Government, the subordinate offices 
were so few in number that it was quite easy for those making ap- 
pointment and promotions to personally ascertain the merits of candi- 
dates. Party managers" and methods had not then become powerful 
agencies of coercion, hostile to the free and just exercise of the appoint- 
ing power. 

A large and responsible i)art of the duty of restoring the civil service 
to the desired purity and efficiency rests upon the President, and it is 
my purpose to do what is within my power to advance such prudent 
and gradual measures of reform as will most surely and rapidly bring- 
about that radical change of system essential to make our administra- 
tive methods satisfactory to a free and intelligent people. By a proper 
exercise of authority, it is in the power of the Executive to do much to 
promote such a reform. But it cannot be too clearly understood that 
nothing adequate can be accomplished without co-operation on the part 
of Congress and considerate and intelligent support among the people. 
Eeforms which challenge the generally accepted theories of parties, 
and demand changes in the methods of departments, are not the work 
of a day. Their permanent foundations must be laid in sound i)rinci- 
ples, and in an experience which demonstrates their wisdom and exi)oses 
the errors of their adversaries. Every worthy officer desires to make 
his official action a gain and an honor to his country, but the people 
themselves, far more than their officers in public station, are interested 
in a pure, economical, and vigorous administration. 

By laws enacted in 1853 and 1855, and now in substance incorporated 
in the Revised Statutes, the practice of arbitrary appointments to 
the several subordinate grades in the great Departments was con- 



264 LETTERS AND MESSAGES. 

demned, and examinations, as to capacity, to be conducted by de- 
partmental boards of examiners, were provided for and made conditions 
of admission to the public service. These statutes are a decision by 
Congress that examinations of some sort, as to attainments and 
capacity, are essential to the well-being of the i)ublic service. The im- 
portant questions since the enactment of these laws have been as to 
the character of these examinations, and whether official favor and par- 
tisan influence, or common right and merit, were to control the access 
to the examiimtions. In practice, these examinations have not always 
been open to worthy persons generally, who might wish to be examined. 
Official favoritism and partisan influence, as a rule, ai)i)ear to have 
designated those who alone were permitted to go before the examining- 
boards, subjecting even the examiners to a pressure from the friends of 
the candidates very difficult to resist. As a consequence, the standard 
of admission fell below that which the public interest demanded. It 
was also almost inevitable that a system which provided for various 
separate boards of examiners, with no common supervision oi' uniform 
method of procedure, should result in confusion, inconsistency, and 
inadequate tests of capacity highly detrimental to the public interests. 
A further and more radical change was obviously required. 

In the annual message of December, 1870, my predecessor declared 
that "there is no duty which so much embarrasses the Executive and 
heads of Departments as that of appointments; nor is there any such 
arduous and thankless labor imposed on Senators and Representatives 
as that of finding places for constituents. The present system does 
not secure the best men, and often not even fit men for the public 
places. The elevation and purification of the civil service of the Gov 
ernment will be hailed with approval by the whole people of the United 
States." Congress accordingly passed the act, approved March 3, 1871, 
"to regulate the civil service of the United States and promote the effi- 
ciency thereof," giving the necessary authority to the Executive to 
inaugurate a civil-service reform 

Acting under this statute, which was interpreted as intended to secure 
a system of just and eftectual examinations under uniform supervision, 
a number of eminently comi)etent persons were selected for the purpose, 
who entered witli zeal upon the discharge of their duties, prepared, with 
an intelligent appreciation of the requirements of the service, the regu- 
lations contemplated, and took charge of the examinations, and who, in 
their capacity as a board, have been known as tlie " Civil-Service Com- 
mission." Congress for two years appropriated the money needed for 
the compensation and for the expense of carrying on the work of the 
Commission. 



J^ETTERS AND MESSAGES. 265 

It appears from the report of the Commission, submitted to the Presi- 
dent in April, 1874, that examinations had been held in various sections 
of the country", and that an appropriation of about $25,000 would be 
required to meet the annual expenses, including salaries, involved in 
discharging" the duties of the Commission. The report was transmitted 
to Congress by special message of April 18, 1874, with the following 
favorable comment upon the labors of the Commission: "If sustained 
by Congress, I have no doubt tlie rules can, after the experience gained, 
be so improved and enforced as to still more materially benefit the public 
service and relieve the Executive, Members of Congress, and the heads 
€f Departments, frominfluencesprejudicialto good adunnistration. The 
rules, as they have hitherto been enforced, have resulted beneficially, as 
is shown by the o]iinions of the members of the Cabinet and their sub- 
ordinates in the Departments, and in that ojunion I concur." And in 
the annual message of December of the same year similar views are 
expressed, and an appropriation for continuing the work of the Com- 
mission again advised. 

The appropriation was not made, and, as a consequence, the active 
work of the Commission was suspended, leaving the Commission itself 
still in existence. Without the means, therefore, of cansing qualifi- 
cations to be tested in any systematic manner, or of securing for 
the public service the advantages of competition ui)on any extensive 
plan, I recommended in my annual message of December, 1877, the 
making of an appropriation for the resumption of the work of the Com- 
mission. 

In the meantime, however, competitive examinations under numy 
embarrassments have been conducted within limited spheres in the 
Executive Departments in Washington, and in a number of the custom- 
houses and post ofiHces of the principal cities of the country, with a 
view to further test their effects, and, in every instance, they have been 
found to be as salutary as they are stated to have been under the ad- 
ministration of my predecessor. I think the economy, purity, and 
efficiency of the public service would be greatly promoted by their 
systematic introduction, wherever practicable, throughout the entire 
civil service of the Government, together with ample provision for 
their general supervision, in order to secure consistency and uniform 
justice. 

Reports from the Secretary of the Interior, from the Postmaster- 
General, from the i)ostmaster in the city of New York, where such ex- 
aminations have been sometime on trial, and also from the collector 
of the port, the naval officer, and the surveyor in that city, and from 



2G6 LETTERS AND MESSAGES, 

the postmasters and collectors in several of the other large cities, show 
that the competitive system, where applied, has, in various ways, con- 
tributed to imiirove the public ser\ice. 

The reports show that the results have been salutary in a marked 
degree, and that the general application of similar rules cannot fail to 
be of decided beneht to the service. 

The reports of the Government officers in the city of New York 
especially, bear decided testimony to the utility of open competitive 
examinations in their respective offices, showing that "these exami- 
nations, and the excellent qualifications of those admitted to the ser- 
vice through them, have had a marked incidental effect upon the 
persons previously in the service, and particularly upon those aspiring 
to promotion. There has been, on the i^art of these latter, an increased 
interest in the work, and a desire to extend acquaintance with it be- 
yond the particular desk occupied, and thus the morale of the entire 
force has been raised. * * * The examinations have been attended 
by many citizens who have had an opportunity to thoroughly investi- 
gate the scope and character of the tests and the method of determin- 
ing the results, and those visitors have, without exception, approved 
the methods employed, and several of them have i)ublicly attested 
their favorable opinion." 

Upon such considerations, I deem it my duty to renew the recom- 
mendation contained in my annual message of December, 1877, re- 
questing Congress to make the necessary appropriation for the resump- 
tion of the work of the Civil-Service Commission. Economy will be 
promoted by authorizing a moderate compensation to persons in the 
public service who may j)erform extra labor upon or under the Com- 
mission, as the Executive may direct. 

I am convinced that if a just and adequate test of merit is enforced 
for admission to the ijublic service and in making promotions, such 
abuses as removals without good cause and partisan and ofiicial inter- 
ference with the proper exercise of the appointing power, will in large 
measure disappear. 

There are other administrative abuses to wliich the attention of Con- 
gress should be asked in this connection. Mere partisan appoint- 
ments, and the constant peril of removal without cause, very naturally 
lead to an absorbing and mischievous political activity, on the part of 
those thus appointed, which not only interferes with the due discharge 
of official duty, but is incompatible with the freedom of elections. Not 
without warrant, in the views of several of my predecessors in the Presi- 
dential- office, and directly within the law of 1871, already cited, I en- 



LETTERS AND MESSAGES. 267 

deavorert by reg^ulation, made ou the 22d day of June, 1877, to put some 
reasonable limits to sucli abuses. It may not be easy, and it may never 
perhaps be necessary, to define with precision the proper limit of po- 
litical action on the part of Federal officers. But while their right to 
hold and freely express their opinions cannot be questioned, it is very 
plain that they should neither be allowed to devote to other subjects 
the time needed for the proper discharge of their official duties, nor to 
use the authority of their office to enforce their own opinions, or to 
coerce the political action of those who hold different opinions. 

Eeasons of justice and public policy, quite analogous to those which 
forbid the use of official power for the oppression of the private citizen^ 
impose upon the Government the duty of protecting its officers and 
agents from arbitrary exactions. In whatever aspect considered, the 
practice of making levies, for party purposes, upon the salaries of 
officers is highly demoralizing to the public service and discreditable 
to the country. Though an officer should be as free as any other citizen 
to give his own money in aid of his opinions or his party, he should 
also be as free as any other citizen to refuse to make such gifts. If 
salaries are but a fair compensation for the time and labor of the 
officer, it is gross injustice to levy a tax upon them. If they are made 
excessive in order that they may bear the tax, the excess is an indirect, 
robbery of the public funds. 

I recommend, therefore, such a revision and extension of present 
statutes as shall secure to those in every grade of official life or public 
employment the protection with which a great and enlightened Nation 
should guard those who are faithful in its service. 

Our relations with foreign countries have continued peaceful. 

With Great Britain there are still unsettled questions, growing out 
of the local laws of the maritime provinces and the action of provin- 
cial authorities, deemed to be in derogation of rights secured by treaty 
to American fishermen. The United States Minister in London has 
been instructed to present a demand for $105,305.02, in view of the 
damages received by American citizens at Fortune Bay on the Gth 
day of January, 1878. The subject has been taken into consideration 
by the British Governuient, and an early reply is anticipated. 

Upon the completion of the necessary preliminary examinations, the 
subject of our participation in the provincial fisherfes, as regulated by 
treaty, will at once be brought to the attention of the British Govern- 
ment with a view to an early and permanent settlement of the whole 
question, which was only temporarily adjusted by the Treaty of Wash- 
ington. 



2GB' LETTERS AND MESSAGES. 

Efforts have been made to obtain the removal of restrictions found 
injurious to tlie exportation of cattle to the United Kinjidom. 

Some corresi)ondence has also occurred with regard to the rescue and 
saving of life and property upon the lakes, which has resulted in im- 
portant modifications of the previous regulations of the Dominion Gov- 
ernment on the subject, in tlie interest of humanity and commerce. 

In accordance with the joint resolution of the last session of Con- 
gress, commissioners were appointed to represent the United States at 
the two Internatioual Exhibitions in Australia, one of which is now in 
progress at Sydney, and the other to be held next year at Melbourne. 
A desire has been expressed by our merchants and manufacturers 
Interested in the important and growing trade with Australia, that an 
increased provision should be made by Congress for the reiiresentation 
of our industries at the Melbourne Exhibition of next year, and the 
subject is respectfully submitted to your favorable consideration. 

The assent of the Government has been given to the landing, on the 
coast of Massachusetts, of a new and independent transatlantic cable 
between France, by way of the French island of St. Pierre, and this 
country, subject to any future legislation of Congress on the subject. 
The conditions imposed, before allowing this connection with, our shores 
to be established, are such as to secure its competition with any exist- 
ing or future lines of marine cable, and preclude amalgamation there- 
with, to provide for entire equality of rights to our Government and 
peoi)le with those of France in the use of the cable, and i)revent any 
exclusive possession of the i)rivilege as accorded by France to the dis- 
advantage of any future cable communication between France and the 
United States which may be projected and accomplished by our citi- 
zens. An important reduction of the present rates of cable communi- 
cation with Europe, felt to be too burdensome to the interests of our 
commerce, must necessarily How from the establishment of this com- 
peting line. 

The attention of Congress was drawn to thej)ropriety of some gen- 
eral regulation by Congress of the whole subject of transmarine cables 
by my predecessor in bis message of December 7, 1875, and I respect- 
fully submit to your consideration the importance of Congressional 
action in this matter. 

The questions of grave importance with Spain, growing out of the 
incidents of the Cuban insurrection, have been, for the most part, hap- 
pily and honorably settled. It may reasonably be anticipated that the 
Commission now sitting in Washington, for the decision of private cases 
in this connection, will soon be able to bring its labors to a conclusion. 



LETTERS AND MESSAGES. 269 

The long-standing- (lucstion of East Florida claims lias lately been 
renewed as a snbject of correspondence, and may possibly recjuire Cou- 
g-ressional action for its final disposition. 

A treaty witli the Netherlands, with respect to consular rights and 
privileges, simihir to those with other Powers, has been signed and 
ratified, and the ratifications were exchanged on the 31st of July last. 
Negotiations for extradition treaties with the Netherlands and with 
Denmark are now in progress. 

Some questions with Switzerland, in regard to pauper and convict 
emigrants, have arisen, but it is not doubted that they will be arranged 
upon a just and satisfactcny basis. A question has also occurred with 
respect to an asserted claim by Swiss municipal authorities to exercise 
tutelage over persons and property of Swiss citizens naturalized in thi& 
country. It is possible this may require adjustment by treaty. 

With the German Empire frequent questions arise in connection with 
the subjects of naturalization and expatriation, but the Imperial Gov- 
ernment has constantly manifested a desire to strictly maintain and 
comply with all treaty stipulations in regard to them. 

In consequence of the omission of Congress to provide for a diplo- 
matic representative at Athens, the legation to Greece has been with- 
drawn. There is now no channel of diplomatic communication between 
the two countries, and the expediency of providing for one, in some 
form, is submitted to Congress. 

Eelations with Austria, Russia, Italy, Portugal, Turkey, and Bel- 
gium continue amicable, and marked by no incident of especial im- 
portance. 

A change of the personal head of the Government of Egypt has. 
taken place. No change, however, has occurred in the relations be- 
tween Egypt and the United States. The action of the Egyi»tian Gov- 
ernment in presenting to the city of New York one of the ancient 
obelisks, which possess such historic interest, is highly apitreciated as 
a generous mark of international regard. If prosperity should attend 
the enterprise of its transportation across the Atlantic, its erection in 
a conspicuous i)Osition in the chief commercial city of the Nation will 
soon be accomplished. 

The treaty recently made between Japan and the United States in 
regard to the revision of former commercial treaties, it is now believed, 
will be followed by similar action on the part of other treaty Powers. 
The attention of Congress is again invited to the subject of the indem- 
nity funds received some years since from Japan and China, which, 
with their accumulated interest, now amount to considerable sums. If 



270 LETTERS AND MESSAGES. 

any part of these funds is justly due to American citizens, tliey sliould 
receive it promptly, and wliatever may have been received by this 
Government in excess of strictly just demands should, in some form, 
be returned to the Nations to whom it equitably belongs. 

Tlie Government of China has signified its willingness to consider 
the question of the emigration of its subjects to the United States with 
a dispassionate fairness, and to co-operate in such measures as may 
tend to prevent injurious consequences to the United States. The ne- 
gotiations are still proceeding, and will be pressed with diligence. 

A question having arisen between China and Jaj)an about the Lew 
Chew Islands, the United States Government has taken measures to 
inform those Powers of its readiness to extend its good offices for the 
maintenance of x^eace, if they shall mutually deem it desirable, and 
find it practicable to avail themselves of the proffer. 

It is a gratification to be able to announce that, through the judi- 
cious and energetic action of the military commanders of the two Nations 
on each side of the Eio Grande, under the instructions of their respec- 
tive Governments, raids and depredations have greatly decreased, and, 
in the localities w^here formerly most destructive, have now almost 
wholly ceased. In view of this result, I entertain a confident expecta- 
tion that the prevalence of quiet on the border will soon become so as- 
sured as to justify a modification of the present orders to our military 
commanders as to crossing the border, without encouragiug such dis- 
turbances as would endanger the peace of the two countries. 

The third instalment of the aAvard against Mexico under the Claims 
Commission of July 4, 1868, was duly paid, and has been put in course 
of distribution in pursuance of the act of Congress providing for the 
same. This satisfactory situation between the two countries leads me 
to anticipate an expansion of our trade with Mexico, and an increased 
contribution of capital and industry by our people to the development 
of the great resources of that country. I earnestly commend to the 
wisdom of Congress the provision of suitable legislation looking to this 
result. 

Diplomatic intercourse with Colombia is again fully restored by the 
arrival of a minister from that country to the United States. This is 
especially fortunate in view of the fact that the question of an inter- 
oceanic canal has recently assumed a new and important aspect, and is 
now under discussion with the Central American countries through 
whose territory the canal, by the Nicaragua route, would have to pass. 
It is trusted that enlightened statesmanship on their part will see that 
the early prosecution of such a work wiU largely enure to the benefit, 



i 



LETTEKS AND MESSAGES. 271 

uot only of their own citizens and those of the United States, but of 
the commerce of the civilized world. It is not doubted that should the 
work be undertaken under the protective auspices of the United States, 
and upon satisfactory concessions for the right of way, and its security, 
by the Central American governments, the capital for its completion 
would be readily furnished from this country and Europe, which might, 
failing such guarantees, prove inaccessible. 

Diplomatic relations with Chili have also been strengthened by the 
reception of a minister from that country. 

The war between Peru, Bolivia, and Chili still continues. The 
United States have not deemed it proper to interpose in the matter 
further than to convey to all the Governments concerned the assurance 
that the friendly offices of the Government of the United States for 
the restoration of peace upon an honorable basis will be extended, in 
case the belligerents shall exhibit a readiness to accept them. 

Cordial relations continue with Brazil and the Argentine Eepublic, 
and trade with those countries is impro\dng. A j)rovision for regular 
and more frequent mail communication, in our own ships, between the 
ports of this countrj" and the Nations of South America seems to me to 
deserve the attention of Congress, as an essential precursor of an 
enlargement of our commerce with them, and an extension of our car- 
rying trade. 

A recent revolution in Venezuela has been followed by the establish- 
ment of a provisional government. The Government has not yet been 
formally recognized, and it is deemed desirable to await the proposed 
action of the people, which is exj^ected to give it the sanction of con- 
stitutional forms. 

A naval vessel has been sent to the Samoan Islands to make surveys 
and take possession of the privileges ceded to the United States by 
Samoa in the harbor of Pago Pago. A coaling-station is to be estab- 
lished there, which will be convenient and useful to United States 
vessels. 

The subject of opening diplomatic relations with Eoumauia and Ser- 
vla, now become independent sovereignties, is at present under con- 
sideration, and is the subject of diplomatic correspondence. 

There is a gratifpng increase of trade with nearly all European and 
American countries, and it is believed that with 'judicious action in 
regard to its development it can and will be still more enhanced, and 
that American products and manufactures will find new and expand- 
ing markets. The reports of diplomatic and consular officers upon this 
subject, under the system now adopted, have resulted in obtaining 



272 LETTERS AND MESSAGES. 

much valuable information, which has been and will continue to be laid 
before Congress and the public from time to time. 

The third article of the treaty with Russia, of March 30, 18G7, by 
which Alaska was ceded to the United States, provides that the inhabi- 
tants of the ceded territory, with the exception of the uncivilized native 
tribes, shall be admitted to the enjoynieut of all the rights of citizens 
of the United States, and shall be maintaine<l and protected in the free 
enjoyment of their liberty, property, and religion. The uncivilized 
tribes are subject to such laws and regulations as the United States 
may from time to time adopt in regard to the aboriginal tribes of that 
country. 

Both the obligations of this treaty and the necessities of the i)eople 
require that some organized form of government over the Territory of 
Alaska be adopted. 

There appears to be no law for the arrest of persons charged with 
common-law ofiences, such as assault, robbery, and murder, and no 
magistrate authorized to issue or execute process in such cases. Serious 
difliculties have already arisen from offences of this character, not only 
among the original inhabitants, but among citizens of the United States 
and other countries, who have engaged in mining, fishing, and other 
business operations within the Territory. A bill authorizing the ap- 
pointment of justices of the peace and constables, and the arrest and 
detention of persons charged with criminal offences, and providing for 
an appeal to United States courts for the district of Oregon, in suita- 
ble cases, will, at a proper time, be submitted to Congress. 

The attention of Congress is called to the annual report of the Sec 
retary of the Treasury on the condition of the pubhc finances. 

The ordinary revenues from all sources for the fiscal year ended June 
30, 1870, were 1273,827,184.40; the ordinary expenditures for the same 
period were .$260,047,883.53; leaving a surplus revenue for the year of 
$0,879,300.93. 

The receipts for the present fiscal year, ended June 30, 1880, actual 
and estimated, are as follows: Actual receipts for the first quarter 
commencing July 1, 1879, $79,843,663.01; estimated receipts for the 
remaining three-quarters of the year, $208,156,336.39; total receipts 
for the current fiscal year, actual and estimated, $288,000,000. 

The expenditures for the same period will be, actual and estimated, 
as follows : For the quarter commencing July 1, 1879, actual expendi- 
tures, $91,683,385.10; and for the remaining three-quarters of the year 
the expenditures are estinuited at $172,315,614.90— making the total 
expenditures $264,000,000, and leaving an estimated surplus revenue 



LETTERS AND MESSAGES. 273 

for the year ending Jnne 30, 1880, of $24,000,000. The total receipts 
during- the next fiscal year ending June 30, 1881, estimated according to 
existing laws, will be $288,000,000; and the estimated ordinary ex- 
penditures for the same period will be $278,097,364.39 ; leaving a sur- 
plus of $9,902,635.61 for that year. 

The large amount expended for arrears of pensions during the last 
and the present fiscal year, amounting to $21,747,249.60, has prevented 
the application of the full amount required by law to the sinking-fund 
for the current year; but these arrears having been substantially paid, 
it is believed that the sinking-fund can hereafter be maintained with- 
out any change of existing law. 

The Secretary of War reports that the War-Department estimates 
for the fiscal year ending June 30, 1881, are $40,380,428.93, the same 
being for a less sum of money than any annual estimate rendered to 
Congress from that Department during a period of at least twelve 
years. 

He concurs with the General of the Army in recommending such 
legislation as will authorize the enlistment of the full number of twenty- 
five thousand men for the line of the Army, exclusive of the three 
thousand four hundred and sixty-three men required for detached duty, 
and therefore not available for service in the field. 

He also recommends that Congress be asked to provide by law for 
the disposition of a large number of abandoned military posts and res- 
ervations, which, though very valuable in themselves, have been ren- 
dered useless for military purposes by the advance of civilization and 
settlement. 

He unites with the Quartermaster-General in recommending that an 
appropriation be made for the' construction of a cheap and perfectly 
fire-proof building for the safe storage of a vast amount of money ac- 
counts, vouchers, claims, and other valuable records now in the Quar- 
termaster-General's office, and exposed to great risk of total destruction 
by fire. 

He also recommends, in conformity with the views of the Judge- 
Advocate General, some declaratory legislation in reference to the 
military statute of limitations as applied to the crime of desertion. 

In these several recommendations I concur. 

The Secretary of War further reports, that the work for the improve- 
ment of the South Pass of the Mississippi river, under contract with 
Mr. James B. Eads, made in pursuance of an act of Congress, has been 
prosecuted during the past year, with a greater measure of success in 
the attainment of results than during any previous year. The channel 
18 



274 LETTERS AND MESSAGES. 

through the South Pass, which, at tliebej^iniiiiig of operations in June, 
187o, liad a depth of only seven and one-half feet of water, had, on the 
8th of July, 1879, a niiniinuui depth of twenty-six feet, haviuj*' a M'idth 
of not less than two hundred feet, and a central depth of thirty feet. 
l*aynients have been made in accordance with the statute, as the work 
progressed, amounting in the aggregate to $4,250,00{); and further 
l)ayments will become due, as provided by the statute, in the event of 
success in maintaining the channel now secured. 

The reports of the General of the Army and of his subordinates, ])re- 
sent a full and detailed account of the military operations for the sup- 
pression of hostilities among the Indians of the Ute and Ai)ache tribes, 
and praise is justly awarded to the ofiicers and troops engaged, for 
promptness, skill, and courage displayed. 

The past year has been one of almost unbroken peace and quiet on 
the Mexican frontier, aiul there is reason to believe that the efforts of 
this Government and of Mexico, to maintain order in that region, will 
prove permanently successful. 

This Department was enabled during the past year totind temi)orary 
though crowded accommodations, and a safe depository for a i)ortiou 
of its records, in the completed east wing of the building, designed for 
the State, War, and Xavy T)ei)artments. The construction of the north 
wing of the building, a part of the structure intended for the use of the 
War Department, is being carried forward with all possible dispatch, 
and the work should receive from Congress such liberal appropriations 
as will secure its speedy completion. 

The report of the Secretary of the Navy shows continued improve- 
ment in that branch of the service during the last fiscal year. Exten- 
sive repairs have been made ui)on vessels, and two new ships have been 
completed and made ready for sea. 

The total expenditures of the year ending June 30, 187!), including 
specific appropriations not estimated for by the Department, were 
$13,555,710.01). The expenses chargeable to the year, after deducting 
the amount of these specific appropriations, were $13,343,317.70; but 
this is subject to a reduction of $283,725.99, that amount having been 
drawn upon warrants, but nftt paid out during the year. The amount 
of appropriations api)licable to the last fiscal year was $14,538,010.17. 
There was, therefore, a balance of $1,479,054.37 remaining unexpended, 
and to the credit of the Dei)artment, on June 30, 187t). The estimates 
for the fiscal year ending June 30, 1881, are $14,804,147.95, which 
exceeds the appropriations for the present fiscal year $301,897.28. The 
reason for this increase is explained in the Secretary's report. The 



LETTERS AND MESSAGES. 275 

appropriations available for the present fiscal year are $14,502,250.67, 
which will, in the o])inion of the Secretary, answer all the ordinary 
demands of the service. The anionnt drawn from the Treasury from 
July 1 to ^^ovember 1, 1870, was 85,770,404.12, of which $1,095,440.33 has 
been refunded, leavinj;- as the expenditure for that period $4,674,903.79. 
If the expenditures of the remaining- two-thirds of the year do not exceed 
the proportion for these four months, there will remain unexpended, at 
the end of the year, $477,359.30 of the current appropriations. The 
reiKirt of the Secretary shows the gratifying fact that among all the 
disbursing ofiBcers of the pay cori)s of the Navy there is not one who is 
a defaulter to the extent of a single dollar. I unite with him in recom- 
mending the removal of the Observatory to a more healthful location. 
That institution reflects credit upon the Nation, and has obtained the 
approbation of scientific men in all parts of the world. Its removal 
from its present location would not only be conducive to the health of 
its officers and professors, but would greatly increase its usefulness. 

The appropriation for judicial expenses, which has heretofore been 
made for the Department of Justice, in gross, was subdivided at the 
last session of Congress, and no appropriation whatever was made for 
the payment of the fees of marshals and their deputies, either in the 
service of process or for the discharge of other duties ; and, since June 
30, these officers have continued the performance of their duties without 
compensation from the Government, taking upon themselves the neces- 
sary incidental outlays, as well as rendering their own services. In only 
a few unavoidable instances has the proper execution of the process of 
the United States failed by reason of the absence of the reciuisite ap- 
propriation. This course of ofQcial conduct on the part of these officers, 
highly creditable to their fidelity, was advised by the Attorney-General, 
who informed them, however, that they would necessarily have to rely 
for their compensation upon the prospect of future legislation by Con- 
gress. I therefore especially recommend that immediate appropriation 
be made by Congress for this purpose. 

The act making the principal appropriation for the Department of 
Justice at previous sessions has uniforndy contained the following 
clause: "And for defraying the expenses which may be incurred in the 
enforcement of the act approved February 28, 1870, entitled 'An act to 
amend an act approved May 30, 1870, entitled 'An act to enforce the 
right of citizens of the United States to vote in the several States of the 
United States, and for other purposes,' or any acts amendatory thereof 
or supplementary thereto.' " 

No appropriation was made for this purpose for the current year. As 



276 LETTERS AND MESSAGES. 

no general election for members of Congress occurred, the omission 
was a matter of little practical importance. Such election will, how- 
ever, take pliice during the ensuing year, and the appropriation made 
for the pay of marshals and deputies should be sufiQcieiit to embrace 
compensation for the services they may be required to perform at such 
elections. 

The business of the Suj)reme Court is, at present, largely in arrears. 
It cannot be expected that more causes can be decided than are noAv 
disposed of in its annual session, or that by any assiduity the distin- 
guished magistrates who compose the Court can accomplish more than 
is now done. In the courts ot many of the circuits, also, the business 
has increased to such an extent that the delay of justice will call the 
attention of Congress to an appropriate remedy. It is believed that 
all is done in each circuit which can fairly be expected from its judicial 
force. The evils arising from delay are less heavily felt by the United 
States than by private suitors, as its causes are advanced by the courts 
when it is seen that they involve the discussion of questious of a pub- 
lic character. 

The remedy suggested by the Attorney-General is the appointment 
of additional circuit judges, and the creation of an intermediate court 
of errors and appeals, which shall relieve the Supreme Court of a part 
of its jurisdiction, while a larger force is also obtained for the perform- 
ance of circuit duties. 

I commend this suggestion to the consideration of Congress. It 
would seem to afford a complete remedy, and Avould involve, if ten ad- 
ditional circuit judges are appointed, an expenditure, at the present 
rate of salaries, of not uiore than sixty thousand dollars a year, which 
would certainly be small in comparison with the objects to be attained. 
The report of the Postmaster-General bears testimony to the general 
revival of business throughout the country. The receipts of the Post- 
Office Department for the fiscal year ended June 30, 1879, were 
130,041,982.86, being $764,465.91 more than the revenues of the pre- 
ceding year. The amount realized from the sale of postage-stamps, 
stamped enveloi)es, and postal-cards was $764,465.91 more than in the 
preceding year, and $2,387,559.23 more than in 1877. The expendi- 
tures of the Department were $33,449,899.45, of which the sum of 
$376,461.63 was paid on liabilities incurred in preceding years. 

The expenditures during the year were $801,209.77 less than in the 
preceding year. This reduction is to be attributed mainly to the oper- 
ation of the law passed June 17, 1878, changing the compensation of 
postmasters from a commission on the value of stamps sold to a com- 
mission on stamps cancelled. 



LETTERS AND MESSAGES. 277 

The amount drawu from the Treasury on appropriations, in ad- 
dition to the revenues of the Department, was $3,031,454.96, being 
$2,270,197.86 less than in the preceding- year. 

The expenditures for the fiscal year ending June 30, 1881, are estimated 
at $39,920,900, and the receipts from all sources at $32,210,000, leaving 
a deficiency to be appropriated for, out of the Treasury, of $7,710,900. 

The relations of the Department with railroad companies have 
been harmonized, notwithstandiug the general reduction by Congress 
of their compensation, by the appropriation for special facilities, and 
the railway post-ofiice lines have been greatly extended, especially in 
the Southern States. The interests of the railway-mail service and of 
the public would be greatly promoted, and the expenditures could be 
more readily controlled by the classification of the employes of the 
railway-mail service as recommended by the Postmaster-General, the 
appropriation for salaries, with respect to which the maximum limit is 
already fixed by law, to be made in gross. 

The Postmaster-General recommends an amendment of the law regu- 
lating the increase of compensation for increased service and increased 
speed on star routes, so as to enable him to advertise for proposals for 
such increased service and speed. He also suggests the advantages to 
accrue to the commerce of the country from the enactment of a general 
law authorizing contracts with American-built steamers, carrying the 
American flag, for transi)orting the mail between ports of the United 
States and ports of the West Indies and South America, at a fixed 
maximum price per mile, the amount to be expended lieing regulated 
by annual appropriations, in like manner with the amount paid for the 
domestic star service. 

The arrangement made by the Postmaster-General and the Secre- 
tary of the Treasury for the collection of duty upon books received in 
the mail from foreign countries has proved so satisfactory in its prac- 
tical operation that the recommendation is now made that Congress 
shall extend the provisions of the act of March 3, 1879, under which 
this arrangement was made, so as to api)ly to all other dutiable articles 
received in the mails from foreign countries. 

The reports of the Secretary of the Interior and of the Commissioner 
of Indian Affiiirs, setting forth the present state of our relations with 
the Indian tribes on our territory, the measures taken to advance their 
civilization and prosperity, and the progress already achieved by them, 
will be found of more than ordinary interest. The general conduct of 
our Indian population has been so satisfactory that the occurrence of 
two disturbances, which resulted in bloodshed and destruction of 
property', is all the more to be lamented. 



278 LETTERS AND MESSAGES. 

The history of the outbreak on the White River Ute reservation, iu 
Western Colorado, has become so lainiliar by elaborate reports in the 
public press that its remarkable incidents need not be stated here iu 
detail. It is expected that the settlement of this difficulty will lead to 
such arrangements as will prevent further hostile contact between the 
Indians and the border settlements in Western Colorado. 

The other disturbance occurred at the Mescalero agency, in New 
Mexico, where Victoria, the head of a small band of nuirauders, after 
committing many atrocities, being vigorously chased by a military 
force, made his way across tlie Mexican border and is now on foreign 
soil. 

While these occurrences, in Avhicli a comparatively small number of 
Indians were engaged, are most deplorable, a vast majority of our 
Indian population have fidly justified the expectations of those who 
believe that by humane and peaceful iutluences the Indians can be led 
to abandon the habits of savage life and to develop a capacity for useful 
and civilized occupations. What they have already accomplished in the 
pursuit of agricultural and mechanical work, the remarkable success 
which has attended the experiment of employing as freighters a class 
of Indians hitherto counted among the wildest and most intractable, 
and the general and urgent desire expressed by them for the education 
of their children, may be taken as sufficient proof that they will be 
found capable of accomplishing much more if they continue to be wisely 
and fairly guided. The " Indian policy " sketched in the report of the 
Secretary of the Interior, the object of which is to make liberal i)r()- 
vision for the education of Indian youth, to settle the Indians upon 
farm-lots in severalty, to give them title in fee to their farms, inaliena- 
ble for a certain number of years, and when their wants are thus pro- 
vided for, to dispose by sale of the lauds on their reservations not 
occupied and used by them, a fund to be formed out of the proceeds 
for the benefit of the Indians, which will gradually relieve the Govern- 
ment of the expenses now provided for by annual appropriations, must 
commend itself as just and beneficial to the Indians, and as also calcu- 
lated to remove those obstructions which the existenc«^ of large reser- 
vations presents to the settlement and development of the country. 
I, therefore, earnestly recommend the enactment of a law emibling the 
Government to give Indians a title in fee, inalienable for twenty-five 
years, to the farm-lands assigned to them by allotment. I also repeat 
the recommendation made in my first annual message, that a law be 
passed admitting Indians who can give satisfactory proof of having 
by their own labor, supported their families for a number of years, 



LETTERS AND MESSAGES. 279 

and who are willin.^- to detach themselves from their tribal relations, to 
the benefit of the liomestead act, and to grant them patents containing 
the same provision of inalienability for a certain period. 

The experiment of sending a number of Indian children, of both 
sexes, to the ITampton Normal and Agricultural Institute, in Virginia, 
to receive an elementary English education and practical instruction in 
farming and other useful industries, has led to results so promising, 
that it was thought expedient to turn over the cavalry barracks at 
Carlisle, in Pennsylvania, to the Interior Department for the establish- 
ment of an Indian school on a larger scale. This school has now one 
hundred and flfty-eight pupils, selected from various tribes, and is in 
full operation. Arrangements are also made for the education of a 
mimber of Indian boys and girls belonging to tribes on the Pacific 
slope, in a similar manner, at Forest Grove, in Oregon. These institu- 
tions will commend themselves to the liberality of Congress and to the 
philanthropic munificence of the American i)eople. 

Last spring, information was received of the organization of an ex- 
tensive movement in the Western States, the object of which was the 
occupation by unauthorized persons of certain lands in the Indian 
Territory ceded hy the Clierokees to the Government for the ijurpose 
of settlenuMit by other Indian tribes. 

On the 20th of April, I issued a proclamation warning all i^ersons 
against participation in such an attempt, and, by the co-operation of 
a military force, the invasion was promptly checked. It is my purpose 
to protect the rights of the Indian inhabitants of that Territory to the 
full extent of the Execntive power. But it would be unwise to ignore 
the fact that a Tei-ritory so large and so fertile, with a population so 
sparse and with so great a wealth of unused resources, will be fonnd 
more exposed to the repetition of such attempts as happened this year 
when the surrounding States are more densely settled and the westward 
movement of our population looks still more eagerly for fresh lands to 
occupy. Under such circumstances, the difficulty of maintaining the 
Indian Territory in its present state will greatly increase, and the In- 
dian tribes inhabiting it would do well to prepare for snch a contin- 
gency. I, therefore, fully approve of the advice given to them by the 
Secretary of the Interior on a recent occasion, to divide among them- 
selves in severalty as large a quantity of their land:3 as they can culti- 
vate, to acquire imlividual title in fee, instead of their present tribal 
ownership in couunon, and to consider in what manner the balance of 
their lands may be disposed of by the Government for their benefit. 
By adopting such a policy they would more certainly secnre for them- 



280 LETTERS AND MESSAGES. 

selves the value of their possessions, and at the same time promote 
their progress in civilization and prosperity, than by endeavoring to 
perpetuate the present state of things in the Territory. 

The question whether a change in the control of the Indian service 
should be made was, in the Forty-fifth Congress, referred to a joint 
committee of both Houses for inquiry and report. In my last annual 
message I expressed the hope that the decision of that question, then 
in prospect, "would arrest further agitation of this subject, such agita- 
tion being apt to produce a disturbing effect upon the service as well as 
the Indians themselves." Since then, the committee having reported, 
the question has been decided in the negative by a vote in the House 
of Eepresentatives. 

For the reasons here stated, and in view of the fact that further un- 
certainty on this point will be calculated to obstruct other much-needed 
legislation, to weaken the discipline of the service, and to unsettle 
salutary measures now in progress for the government and improve- 
ment of the Indians, I respectfully recommend that the decision arrived 
at by Congress at its last session be permittted to stand. 

The eftbrts made by the Department of the Interior to arrest the 
depredations on the timber-lands of the United States have been con- 
tinued, and have met with considerable success. A large number of 
cases of trespass have been prosecuted in the courts of the United 
States; others have been settled, the trespassers offering to make pay- 
ment to the Government for the value of the timber taken by them. 
The proceeds of these prosecutions and settlements turned into the 
Treasury far exceed in amount the sums appropriated by Congress for 
this purpose. A more important result, however, consists in the ftict 
that the destruction of our public forests by depredation, although such 
cases still occur, has been greatly reduced in extent, and it is probable 
that if the present policy is vigorously pursued, and sufficient provision 
to that end is made by Congress, such trespasses, at least those on a 
large scale, can be entirely suppressed, except in the Territories where 
timber for the daily requirements of the population cannot, under the 
present state of the law, be otherwise obtained. I, therefore, earnestly 
invite the attention of Congress to the recommendation made by the 
Secretary of the Interior, that a law be enacted enabling the Govern- 
ment to sell timber from the public lands without conveying the fee, 
where such lands are principally valuable for the timber thereon, such 
sales to be so regulated as to conform to domestic wants and business 
requirements, while at the same time guarding against a sweeping 
destruction of the forests. The enactment of such a law appears to 
become a more pressing necessity every day. 



LETTERS AND MESSAGES. 281 

My recommendations iu former messages are renewed in favor of en- 
larging the facilities of the Department of Agriculture. Agriculture is 
the leading interest and the permanent industry of our people. It is to 
the abundance of agricultural production, as compared with our home 
consumption, and the largely-increased and highly-profitable market 
abroad which we have enjoyed in recent years, that we are mainly 
indebted for our present prosperity as a people. We must look for its 
continued maintenance to the same substantial resource. There is no 
branch of industry in which labor, directed by scientific knowledge, 
yields such increased production in comparison with unskilled labor, 
and no branch of the public service to which the encouragement of 
liberal appropriations can be more appropriately extended. The omis- 
sion to render such aid is not a wise economy ; but, on the contrary, 
undoubtedly results in losses of immense sums annually that might be 
saved through well-directed efforts by the Government to promote this 
vital interest. 

The results already accomplished with the very limited means here- 
tofore placed at the command of the Department of Agriculture are an 
earnest of what may be expected with increased aijpropriations for the 
several purposes indicated in the report of the Commissioner, with a 
view to placing the Department upon a footing which will enable it to 
prosecute more eifectively the objects for which it is established. 

Appropriations are needed for a more complete laboratory, for the 
establishment of a veterinary division, and a division of forestry, and 
for an increase of force. 

The requirements for these and other purposes, indicated in the re- 
port of the Commissioner under the head of the immediate necessities 
of the Department, will not involve any expenditure of money that the 
country cannot with i)ropriety now undertake in the interests of agri- 
culture. 

It is gratifying to learn from the Bureau of Education the extent to 
which educational privileges throughout the United States have been 
advanced during the year. No more fundamental responsibility rests 
upon Congress than that of devising appropriate measures of financial 
aid to education, supplemental to local action in the States and Terri- 
tories and in the District of Columbia. The wise forethought of the 
founders of our Government has not only furnishe'd the basis for the 
support of the common-school systems of the newer States, but laid the 
foundations for the maintenance of their universities and colleges of 
agriculture and the mechanic arts. Measures in accordance with this 
traditional policy for the further benefit of all these interests, and the 



282 LETTERS AND MESSAGES. 

extension of the same advantages to every i^ortion of the country, it is 
hoped, will receive your favorable consideration. 

To preserve and i)erpetuate the Xational literature should be among 
the foremost cares of the iS'ational legislature. The library gathered 
at the Capitol still remains unprovided witli anj- suitable accommoda- 
tions for its rapidly-increasing stores. The magnitude and imjiortance 
of the collection, increased as it is by the deposits made under the law 
of copyright, by domestic and foreign exchanges, and by the scientific 
library of the Smithsonian Institution, call for building accommodations 
which shall be at once adequate and fire-proof. The location of such a 
public building, which should provide for the pressing necessities of the 
present, and for the vast increase of the Nation's books in the future, is 
ii matter which addresses itself to the discretion of Congress. It is 
earnestly recommended as a measure which should unite all suffrages, 
and which should no longer be delayed. 

The Joint Commission created by the act of Congress of August 2, 
1870, for the purpose of supervising and directing the completion of the 
Washington National Monument, of which Commission the President 
is a member, has given careful attention to this subject, and already 
the strengthening of the foundation has so far progressed as to insure 
the entire success of this part of the work. A massive layer of masonry 
has been introduced below the original foundation, widening the base, 
increasing the stability of the structure, and rendering it j)ossible to 
carry the shaft to completion. It is earnestly recommended that such 
further appropriations be made for the continued prosecution of the 
work as may be necessary for the completion of this National Monu- 
ment at an early day. 

In former messages, impressed with the importance of the subject, I 
have taken occasion to commend to Congress the adoption of a gen- 
erous policy towards the District of Columbia. The report of the Com- 
missioners of the District, herewith transmitted, contains suggestions 
and recommendations, to all of which I earnestly invite your careful 
attention. I ask your early and faA^orable consideration of the views 
which they express as to the urgent need of legislation for the reclama- 
tion of the marshes of the Potomac and its Eastern Branch, within the 
limits of the city, and for the repair of the streets of the Capital, here- 
tolbre laid with wooden blocks, and now, by decay, rendered almost 
impassable, and a source of imminent danger to the health of its citi- 
zens. The means at the disposal of the Commissioners are wholly in- 
adequate for the accomplishment of these important woiks, and should 
be supplemented by timely approjmations from the Federal treasury. 



LETTERS AND MESSAGES. 283 

The filling of the flats in front of the city will add to the adjacent 
lauds and parks now owned by the United States a large and valuable 
domain, sufBcient, it is thought, to reimburse its entire cost, and will 
also, as an incidental result, secure the permanent improvement of the 
river for the purposes of navigation. 

The Constitution having invested Congress with supreme and exclu- 
sive jurisdiction over the District of Columbia, its citizens must, of ne- 
cessity, look to Congress alone for all needful legislation affecting their 
interests; and, as the territory of this District is the common property 
of the people of the United States, who, equally with its resident citi- 
zens, are interested in the prosperity of their Capital, I cannot doubt 
that you will be amply sustained by the general voice of the country 
in any measures you may adoi)t for this purpose. 

I also invite the favorable consideration of Congress to the wants of 
the public schools of this District, as exhibited in the report of the 
Commissioners. While the number of pupils is rapidly increasing, no 
adequate provision exists for a corresponding increase of school accom- 
modation, and the Commissioners are without the means to meet this 
urgent need. A number of the buildings now used for school purposes 
are rented, and are, in important particulars, uusuited for the purpose. 
The cause of popular education in the District of Columbia is surely 
entitled to the same consideration at the hands of the National Gov- 
ernment as in the several States and Territories, to which munificent 
grants of the public lands have been made for the endowment of 
schools and universities. 

RUTHERFORD B. HAYES. 

Executive Mansion, December 1, 1879. 



A 



PROCLAMATION. 
INVASION OF INDIAN TERRITORY 

P^EBRUARY 19, 1880. 



PROCLAMATION. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A PROCLAMATION. 

Whereas it has become known to itie that certain evil-disposed per- 
sons have, within the territory and jnrisdiction of tl»e United States, 
begun and set on foot preparations for an organized and forcible pos- 
session of and settlement ujiou the lands of what is known as the Indian 
Territory, west of the State of Arkansas, which Territory is designated, 
recognized, and described by the treaties and laws of the United States, 
and by the executive authorities, as Indian Country, and as such is 
only subject to occupation by Indian tribes, ofiacers of the Indian 
De])artnient, nulitary posts, and such persons as may be privileged to 
reside and trade therein under the intercourse laws of the United 
States; 

And Avhereas those laws provide for the removal of all persons resid- 
ing and trading therein, without express permission of the Indian 
Department and agents, and also of all persons whom sucli agents may 
deem to be improper persons to reside in the Indian Country; 

And whereas, in aid and support of such organized movement, it has 
been represented that no further action will be taken by the Govern- 
ment to prevent persons from going into said Territory and settling 
therein, but such representations are wholly without authority: 

Now, therefore, for the purpose of properly protecting the interests 
of the Indian nations and tril)es, as well as of the United States, in 
said Indian Territory, and of duly enforcing the laws governing the 
same, I, Rutherford B. Hayes, President of the United States, do ad- 
monish and warn all such persons so intending or preparing to remove 
upon said lands, or into said Territory, without permission of the proper 
agent of the Indian Department, against any attempt to so remove or 
settle upon any of the lands of said Territory; and I do further warn 
and notify any and all such persons who may so offend that they will 
be speedily and immediately removed therefrom by the agent, accord- 
ing to the laws made and provided, and that no efforts will be spared 
to prevent the invasion of said Territory, rumors spread by evil-disposed 



288 LETTERS AND MESSAGES. 

persons to the contrary notwithstanding; and if necessary the aid and 
assistance of the military forces of the United States will be invoked 
to carry into proper execution the laws of the United States herein 
referred to. 

In testimony whereof I have hereunto set my hand, and caused the 
seal of the United States to be af&xed. 

Done at the city of Washington, this twelfth day of February, in the 
year of our Lord one thousand eiglit hundred and eighty, and 
[SEAL.] of the Independence of the United States the one hundred 
and fourth. 

E. B. HAYES. 

By the President : 

Wm. M. Evarts, 

Secretary of State. 



MESS^OE 



THE HOUSE OF REPRESENTATIVES 



MARCH 8, 1880. 



19 



MESSAGE. 



To THE House of Eepresentatives : 

I transmit herewith the report of the Secretary of State, and the 
accompanying papers, in response to the resolution adopted by the 
House of Eepreseutatives on the 10th of February last, requesting 
"copies of all correspondence in relation to the interoceanic canal 
which may have passed between this Government and foreign Govern- 
ments ; also between this Government and its own representatives in 
other countries ; and between this Government and individuals inter- 
ested in, or proposing to be interested in, negotiations for the construc- 
tion of such a canal; and that he communicate to this House what, if 
any, treaty obligations with other Governments rest upou this Govern- 
ment." 

In further compliance with the resolution of the House, I deem it 
proper to state briefly my opinion as to the policy of the United States 
with respect to the construction of an interoceanic canal by any route 
across the American Isthmus. 

The policy of this country is a canal under American control. The 
United States cannot consent to the surrender of this control to any 
European Power or to any combination of European Powers. If exist- 
ing treaties between the United States and other Nations, or if the 
rights of sovereignty or property of other Nations, stand in the way of 
this policy — a contingency which is not apprehended— suitable steps, 
should be taken by just and liberal negotiations to promote and estab- 
lish the American policy on this subject, consistently with the rights 
of the Nations to be aifected by ic. 

The capital invested by corporations or citizens of other countries in 
such an enterprise must in a great degree look for protection to one or 
more of the great Powers of the world. No European Power can inter- 
vene for such protection without adopting measures on this continent 
which the United States would deem wholly inadmissible. If the pro- 
tection of the United States is relied upou, the United States must 
exercise such control as will enable this country to protect its national 
interests and maintain the rights of those whose private capital is 
embarked in the work. 



292 LETTERS AND MESSAGES. 

An interoceanic canal across tlie American Isthmus will essentially 
change the geographical relations between the Atlantic and Pacific 
coasts of the United States, and between the United States and the 
rest of the world. It vnll be the great ocean thoroughfare between our 
Atlantic and our Pacific shores, and virtually a part of the coast line 
of the United States. Our merely commercial interest in it is greater 
than that of all other countries, while its relations to our power and 
prosperity as a Nation, to our means of defence, our unity, peace, and 
safety, are matters of paramount concern to the people of the United 
States. No other great Power would, under similar circumstances, fail 
to assert a rightful control over a work so closely and vitally affecting 
its interest and welfare. 

Without urging further the grounds of my opinion, I repeat, in con- 
clusion, that it is the right and the duty of the United States to assert 
and maintain such supervision and authority over any interoceanic 
canal across the Isthmus that connects North and South America, as 
will protect our national interests. This I am quite sure will be found 
not only compatible with, but promotive of the widest and most per- 
manent advantage to commerce and civilization. 

EUTHERFOED B. HAYES. 

Executive Mansion, March 8, 1880. 



M:ESSA.aE: 



THE TWO HOUSES OF CONGRESS 

APRIL 92, 1880. 



MESSAGE. 



To THE Senate and House of Representatives: 

I have the honor to inform Congress that Mr. J. Randolph Coolidge, 
Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen 
Dwight, of Massachusetts, the heirs of the late Joseph Coolidge, jr., 
desire to present to the United States the desk on which the Declara- 
tion of Independence was written. It bears the following inscription 
in the handwriting of Thomas Jefferson: 

"Thomas Jefferson gives this writing-desk to Joseph Coolidge, jr., 
as a memorial of his affection. It was made from a drawing of his 
own, by Ben. Kandall, cabinet-maker of Philadelphia, with whom he 
first lodged on his arrival in that city in May, 1776, and is the identical 
one on which he wrote the Declaration of Independence. 

"Politics as well as religion has its superstitions. These, gaining 
strength, with time, mav one day give imaginary value to this relic for 
its association with the "birth of the great charter of our Independence. 

"MONTICELLO, November 18, 1825." 

The desk was placed in my possession by Hon. Robert C. Winthrop, 
and is herewith transmitted to Congress, with the letter of Mr. Win- 
throp, expressing the wish of the donors "to offer it to the United 
States, that it may hereafter have a place in the Department of State 
in connection with the immortal instrument which was written upon it 
in 1770." 

I resi)ectfully recommend that such action may be taken by Congress 
as may be deemed appropriate with reference to a gift to the Kation so 
])recious in its history and for the memorable associations which belong 

to it. 

RUTHERFORD B. HAYES. 

Executive Mansion, April 22, 1880. 



"Washington, D. C, April 14, 1880. 

"My dear sir: I have been privileged to bring with me from Bos- 
ton, as a present to the United States, a very precious historical relic. 
It is the little desk on which Mr. Jefferson wrote the original draught 
of the Declaration of Independence. 

"This desk was given by Mr. Jefferson himself to my friend the late 
Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's 



296 LETTERS AND MESSAGES. 

grandclaugliter, Miss Randolpli; and it bears an autograph inscription, 
of singular interest, written by the illustrious author of the Declara- 
tion in the very last year of his life. 

"On the recent death of Mr. Coolidge, whose wife had died a year 
or two previously, the desk became the property of their children — Mr. 
J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jeflerson 
Coolidge, and Mrs. Ellen Dwight — who now desire to offer it to the 
United States, so that it may lienceforth have a place in the Depart- 
ment of State, in connection with the immortal instrument which was 
written upon it in 177G. 

"They have done me the honor to make me the medium of this dis- 
tinguished gift, and I ask permission to place it in the hands of the 
Chief Magistrate of the Nation in their name and at their request. 

"Believe me, dear Mr. President, with the highest respect, very faith- 
fully, your obedient servant, 

"ROBERT C. WINTHROP. 

" His Excellency Rutherford B. Hayes, 

^^ President of the United States." 



• 



]>d:ESSA.GE 



RETURNING TO THE 



HOUSE OF REPKESENTATIVES THE BILL ENTITLED "AN ACT MAKING 
APPROPRIATIONS TO SUPPLY CERTAIN DEFICIENCIES IN THE 
APPROPRIATIONS FOR THE SERVICE OF THE GOVERN- 
MENT FOR THE FISCAL YEAR ENDING JUNE 30, 
1880, AND FOR OTHER PURPOSES." 



MAY 4, 1880. 



I 



MESSAGE. 



To THE House of Representatives: 

After mature consideration of the bill entitled "An act making ap- 
propriations to supply certain deficiencies in the appropriations for the 
service of the Government for the fiscal year ending June 30, 1880, and 
for other purposes," I return it to the House of Representatives, in 
which it originated, with my objections to its passage. 

The bill appropriates about $8,000,000, of which over $600,000 is for 
the payment of the fees of United States marshals, and of the general 
and special deputy marshals, earned during the current fiscal year, 
and their incidental expenses. The appropriations made in the bill 
are needed to* carry on the operations of the Government and to fulfil 
its obligations for the payment of money long since due to its officers 
for services and expenses essential to the execution of their duties under 
the laws of the United States. The necessity for these appropriations 
is so urgent, and they have been already so long delayed, that if the 
bill before me contained no permanent or general legislation uncon- 
nected with these appropriations it would receive my prompt approval. 
It contains, however, provisions which materially change, and by im- 
plication repeal, important parts of the laws for the regulation of the 
United States elections. These laws have for several years past been 
the subject of vehement political controversy, and have been denounced 
as unnecessary, oppressive, and unconstitutional. On the other hand, 
it has been maintained with equal zeal and earnestness, that the elec- 
tion laws are indispensable to fair and lawful elections, and are clearly 
warranted by the Constitution. Under these circumstances, to attempt 
in an appropriation bill the modification or repeal of these laws is to 
annex a condition to the passage of needed and proper appropriations 
which tends to deprive the Executive of that equal and independent 
exercise of discretion and judgment which the Constitution contem- 
plates. 

The objection to the bill, therefore, to which I respectfully ask your 
attention, is that it gives a marked and deliberate sanction, attended 
by no circumstances of pressing necessity, to the questionable and, as 
I am clearly of opinion, the dangerous practice of tacking upon appro- 



300 LETTEKS AND MESSAGES. 

l^riatiou bills general aud i)ermanciit legislation. This practice opens 
a wide door to hasty, inconsiderate, and sinister legislation. It invites 
attacks upon the independence and constitntional powers of the Exec- 
utive by providing an easy and effective way of constraining Executive 
discretion. Although of late this practice has been resorted to by all 
political parties, when clothed with power, it did not prevail until forty 
years after the adoption of the Constitution, and it is contideutly be- 
lieved that it is condemned by the enlightened judgment of the coun- 
try. The States which have adopted new constitutions during the last 
quarter of a century have generally provided remedies for the evil. 
Many of them have enacted that no law shall contain more than one 
subject, which shall be plainly expressed in its title. The constitu- 
tions of more than half of the States contain substantially this provis- 
ion, or some other of like intent and meaning. The public welfare will 
be promoted in many ways by a return to the early practice of the 
Government and to the true rule of legislation, which is that every 
measure should stand upon its own merits. 

I am firmly convinced that appropriation bills ought not to contain 
any legislation not relevant to the application or expenditure of the 
money thereby appropriated, and that by a strict adherence to this 
principle an important and much-needed reform will be accomplished. 

Placing my objection to the bill on this feature of its frame, I for- 
bear any comment upon the important general and permanent legisla- 
tion which it contains, as matter for specific and independent consid- 
eration. 

RUTHERFORD B, HAYES. 

Executive Mansion, May 4, 1880. 



ADDRESS 



OHIO SOLDIERS' REUNION, COLUMBUS, OHIO. 

AUaUST 11, 1880. 



ADDRESS. 



Mr. President: 

The citizens of Ohio who were soldiers in the Uuion Army, and who 
have assembled here in such large numbers, have many reasons for 
mutual congratulations as they exchange greetings and renew old 
friendships at this State Keunion. We rejoice that we had the glorious 
priAdlege of enlisting and serving on the right side in the great conflict 
for the Union and for equal rights. 

The time that has passed since the contest ended is not so great but 
that we can without effort recall freshly and vividly the events and 
scenes and feelings and associations of that most interesting period of 
our lives. We rejoice, also, that we have been permitted to live long 
enough to see and to enjoy the results of the victory we gained, and to 
measure the vast benefits which it conferred on our country and on the 
Avorld. I shall not attempt to make a catalogue of those benefits, or to 
estimate their value. A single fact, to which I call your attention, will 
sufficiently illustrate, for my present purpose, the immeasurable bless- 
ings conferred upon the United States by the success of the Union 
arms. 

The statistics of emigration showing the movements of population 
which are going on in the world, afford a very good test of the com- 
parative advantages and prosperity of the various civilized Nations. 
People leave their own country and seek new homes in foreign lands to 
better their condition. Immigration into a country, therefore, is an 
evidence of that country's prosperity. It is also a most efficient cause 
of the progress of the country which receives it. During our civil war, 
and during the disturbed and troubled years which immediately pre- 
ceded and followed it, immigration fell off and became of comparatively 
small importance. But now, our country's prosperity, the stability of 
our Government, and the permanent prevalence of peace at home and 
with foreign Nations, blessings which could not have been enjoyed by 
this country if the Union arms had failed, have given to the world a 
confidence in the future welfare and greatness of the United States 
which is pouring upon our shores such streams of immigration as were 
never known before. 



d04 LETTERS AND MESSAGES. 

This is a fact of the most j)regDaiit significance in our present con- 
dition. If we take a survey of tlie globe we shall find everywhere, 
among civilized Nations especially, many people who are eagerly look- 
ing forward to the time when they can emigrate to some more favored 
land. Only one of the great Nations is in no danger of losing its capital 
and labor and skill by emigration. We find only one which, by immi- 
gration, is gaining rapidly" in numbers, wealth, and power. All are 
losing by this cause except the United States. The United States 
alone is gaining. Other Nations see their people going, going. We 
see, from every quarter, the people of other countries coming, coming, 
coming. 

There is one flag, and in all the world only one, whose protection, 
good men and women born under it will never willingly leave. There 
is one flag, and only one in the world, whose protecting folds, good men 
and women born under every other flag that floats under the whole 
heavens, are eagerly and gladly seeking. That flag, so loved at home, 
so longed for by millions abroad, is the old flag under which we marched, 
to save, what in our soldier days we were fond of calling "God's coun- 
try." 

It is easily seen what it is that chiefly attracts this immigration. It 
goes where good land is cheap; where labor and capital find profitable 
employment; where peace and social order prevail; and where civil and 
religious liberty are secure. If we draw nearer to the subject, and ask 
where in our own country does this immigration mainly go, the recent 
census, whose results we are now getting, gives us the answer. That 
census shows us parts of our country, where land is cheap and where 
capital and labor are needed, that are not rapidly increasing in popula- 
tion. In these States it will be found that two things are wanting: 
the means for popular education are not sufiiciently provided, and the 
good order of society is disturbed by a practical popular refusal to 
accept the results of the war for the Union. These two defects, wher- 
ever they prevail in our American society, are hostile to the increase 
of population and to ])rosperity. They are found generally to exist 
together. Where popular education prevails, the equal-rights " amend- 
ments to the Constitution of the United States, embodying the results 
of the war, are inviolable." 

It must, perhaps, be conceded that there was one great error in the meas- 
ures by which it was souglit to secure the results — to harvest the fruits 
of our Union victory. The system of slavery in the South of necessity 
kept in ignorance four millions of slaves. It also left unprovided with 
education, a large number of non-slaveholding white i)eople. With the 



LETTERS AND MESSAGES. 305 

end of the war the slaves inevitably became citizens. The uneducated 
whites remained as they had been, also citizens. Thus the grave duties 
and responsibilities of citizenship were devolved largely in the States 
lately in rebellion, upon uneducated people, white and colored. And 
with what result? Liberty and the exercise of the rights of citizen- 
ship are excellent educators. In many respects, we are glad to believe, 
that encouraging progress has been made at the South. The labor 
system has been reorganized, material prosperity is increasing, race 
prejudices and antagonisms have diminished, the passions and animosi- 
ties of the war are subsiding, and the ancient harmony and concord, 
and patriotic national sentiments are returning. But, after all, we can- 
not fail to observe that immigration, which so infallibly and instinc- 
tively finds out the true condition of all countries, does not largely go 
into the late slaveholding region of the United States. A great deal 
of cheap and productive land can there be found where population is 
not rapidly increasing. When our Revolutionary Fathers adopted the 
ordinance of 1787, for the government of the Northwest Territory, out 
of which Ohio and four other great States have been carved, they 
were not content with merely putting into that organic law a firm pro- 
hibition against slavery, and providing etfectual guarantees of civil 
and religious liberty, but they established, as the corner-stone of the 
free institutions they wished to build, this Article: ^^Beligioii, morality, 
and Tcnoicledge being necessary to good government and the happiness of 
manUnd, schools and the means of education shall forever 
BE ENCOURAaED." Unfortunately for the complete success of recon- 
struction in the South, this stone was rejected by its builders. Slavery 
had been destroyed by the war; but its evils live after it, and deprive 
many parts of the South of that intelligent self-government without 
which, in America at least, great and permanent prosperity is impos- 
sible. 

To perpetuate the Union and to abolish slavery were the work of the 
war. To educate the uneducated is the appropriate work of peace. 
As long as any considerable numbers of our countrymen are unedu- 
cated, the citizenship of every American in every State is impaired in 
value and is constantly imperilled. It is plain that at the end of the 
war the tremendous change in the labor and social systems of the 
Southern States, and the ravages and impoverishraent of the conflict, 
added to the burden of their debts, and the loss of their whole circulat- 
ing medium, which died in their hands, left the people of those States 
in no condition to provide for universal popular education. In a recent 
memorial to Congress on this subject, in behalf of the trustees of the 
20 



306 LETTERS AND MESSAGES. 

Peabocly Educational Fund, Hon. A. H. H. Stuart, of Virginia, shows 
that "two millions of children in the Southern States are without the 
means of instruction;" and adds, with great force, "Where millions 
of citizens are growing up in the grossest ignorance, it is obvious that 
neither individual charity nor the resources of impoverished States 
will be sufticieut to meet the emergency. Nothing short of the wealth 
and power of the Federal Government will suffice to overcome the evil." 

The principle applied by general consent to works of public improve 
ment is in point. That principle is, that wherever a public improvement 
is of national importance, and local and private enterprise are inade- 
quate to its prosecution, the General Government should undertake it. 
On this principle I would deal with the question of education by the 
aid of the National Government. Wherever in the United States the 
local systems of popular education are inadequate, they should be sup- 
plemented by the General Government, by devoting to the purpose, by 
suitable legislation and with proper safeguards, the public lands, or if 
necessary, api)ropriations from the Treasury of the United States. 

The soldier of the Union has done his work, and has done it well. 
The work of the schoolmaster is now in order. Wherever his work 
shall be well done, in all our borders, it will be found that there, also, the 
principles of the Declaration of Independence will be cherished, the 
sentiment of Nationality will prevail, the equal-rights amendments will 
be cheerfully obeyed, and there will be "the home of freedom and the 
refuge of the oppressed of every race and of every clime." 



THANKSGIVING PROCLAMATION. 

NOVEMBER 1, 1880. 



i 



PROCLAMATION. 



BY THE PEESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION 

At no period ia their history since the United States became a 
Nation has this people had so abundant and so universal reasons for 
joy and gratitude at the favor of Almighty God, or been subject to so 
profound an obligation to give thanks for His loving kindness and 
humbly to implore His continued care and protection. 

Health, wealth, and x^rosperity throughout all our borders; peace, 
honor, and friendship with all the world; firm and faithful adherence 
by the great body of our population to the principles of liberty and 
justice which have made our greatness as a Nation; and to the wise 
institutions and strong frame of government and society which will 
perpetuate it. For all these let the thanks of a happy and united people, 
as with one voice, ascend in devout homage to the Giver of all good. 

I, therefore, recommend that on Thursday, the twenty-fifth day of 
November next, the people meet in their respective places of worship 
to make their acknowledgments to Almighty God for His bounties and 
His protection, and to offer to Him prayers for their continuance. 

In witness whereof I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this first day of November, in the 
year of our Lord one thousand eight hundred and eighty, and 
[seal,.] of the Independence of the United States the one hundred and 
fifth. 

R. B. HATES. 

By the President: 

Wm. M. Evarts, 

Secretary of State. 



JMESS^aE 



TWO HOUSES or OONGEESS AT THE OOMMEKCEMENT OE THE THIED 
SESSION or THE EOETY-SIXTH OONaEESS. 

DECEMBER 6, 1880. 



Ii 



MESSAGE. 



Fellow-Citizens of the Senate 

AND House of Eepresentatives: 

I congratulate you on the continued and increasing prosperity of our 
country. By tlie favor of Divine Providence we have been blessed^ 
during the past year, with health, with abundant harvests, with i^roiit- 
able employment for all our people, and with contentment at home^ 
and with peace and friendship with other Nations. 

The occurrence of the twenty-fourth election of Chief Magistrate has 
afforded another opportunity to the people of the United States to • 
exhibit to the world a significant example of the peaceful and safe 
transmission of the power and authority of government from the public 
servants whose terms of ofidce are about to exi^ire, to their newly-chosen 
successors. This example cannot fail to impress profoundly, thought- 
ful people of other countries witli the advantages which republican 
institutions afford. The immediate, general, and cheerful acquiescence 
of all good citizens, in the result of the election, gives gratifying assur- 
ance to our country, and to its friends throughout the world, that a 
Government based on the free consent of an intelligent and patriotic 
people possesses elements of strength, stability, and iiermaneucy not 
found in any other form of government. 

Continued opposition to the full and free enjoyment of the rights of 
citizenship, conferred upon the colored people by the recent amend- 
ments to the Constitution, still prevails in several of the late slave- 
holding States. It has, perhaps, not been manifested in the recent 
election to nwy large extent in acts of violence or intimidation. It has, 
however, by fraudulent practices in connection with the ballots, with 
the regulations as to the places and manner of voting, and with count- 
ing, returning, and canvassing the votes cast, been successful in defeat 
ing the exercise of the right preservative of all rights, the right of 
suffrage, which the Constitution expressly confers upon our enfranchised 
citizens. 

It is the desire of the good people of the whole country that section- 
alism as a factor in our i)olitics should disap])ear. They prefer that no 
section of the country should be united in solid opposition to any other 
section. The disposition to refuse a prompt and hearty obedience to 



314 LETTERS AND MESSAGES. 

the equal-rights amendments to the Constitution, is all that now stands 
in the way of a C()mi)lete obliteration of sectional lines in our political 
contests. As long as either of these amendments is flagrantly violated 
or disregarded, it is safe to assume that the people who placed them in 
the Constitution, as embodying the legitimate results of the war for the 
Union, and who believe them to be wise and necessary, will continue 
to act together, and to insist that they shall be obeyed. The para- 
mount question still is, as to the enjoyment of the right by every 
American citizen who has the requisite qualifications, to freely cast his 
vote and to have it honestly counted. With this question rightly 
settled, the country will be relieved of the contentions of the past; 
bygones will indeed be bygones; and political and party issues with 
respect to economy and efficiency of administration, internal improve- 
ments, the tariff, domestic taxation, education, finance, and other im- 
portant subjects, will then receive their full share of attention; but 
resistance to and nullification of the results of the war, will unite to- 
gether in resolute purpose for their supi)ort all who maintain the 
authority of the Government and the perpetuity of the Union, and who 
adequately appreciate the value of the victory achieved. This deter- 
mination proceeds from no hostile sentiment or feeling to any part of 
the people of our country, or to any of their interests. The inviolability 
of the amendments rests upon the fundamental principle of our Gov- 
ernment. They are the solemn expression of the will of the people of 
the United States. 

The sentiment that the constitutional rights of all our citizens must 
be maintained does not grow weaker. It will continue to control the 
Government of the country. Happily, the history of the late election 
jshows that in many parts of the country where opposition to the fif- 
teenth amendment has heretofore i:)revailed, it is diminishing, and is 
likely to cease altogether, if firm and well-considered action is taken by 
Congress. I trust the House of Representatives and the Senate, which 
have the right to judge of the elections, returns, and qualifications of 
their own members, will see to it that every case of violation of the 
letter or spirit of the fifteenth amendment is thoroughly investigated, 
and that no benefit from such violation shall accrue to any person or 
party. It will be the duty of the Executive, with sufficient appropria- 
tions for the purpose, to prosecute unsparingly all who have been 
engaged in depriving citizens of the rights guaranteed to them by the 
Constitution. 

It is not, however, to be forgotten that the best and surest guarantee 
of the primary rights of citizenship is to be found in tliat capacity for 



LETTERS AND MESSAGES. 315 

* self-protection which can belong only to a people whose right to uni- 
versal suffrage is supported by universal education. The means at the 
command of the local and State authorities are, in many cases, wholly 
inadequate to furuish free instruction to all who need it. This is espe- 
cially true where, before emancipation, the education of the people was 
neglected or prevented, in the interest of slavery. Firmly convinced 
that the subject of popular education deserves the earnest attention of 
the people of the whole country, with a view to wise and comprehen- 
sive action by the Government of the United States, I respectfully 
recommend that Congress, by suitable legislation and with proi)er safe- 
guards, supplement the local educational funds in the several States 
where the grave duties and responsibilities of citizenship have been 
devolved on uneducated people, by devoting to the purpose grants of 
the public lands, and, if necessary, by appropriations from the Treasury 
of the United States. Whatever Government can ftiirly do to promote 
free popular education ought to be done. Wherever general education 
is found, peace, virtue, and social order prevail, and civil and religious 
liberty are secure. 

In my former annual messages I have asked the attention of Con- 
gress to the urgent necessity of a reformation of the (dvil-service sys- 
tem of the Government. My views concerning the dangers of patronage, 
or appointments for personal or partisan considerations, have been 
strengthened by my observation and experience in the Executive ofiQce, 
and I believe these dangers threaten the stability of the Government. 
Abuses so serious in their nature cannot be permanently tolerated. 
They tend to become more alarming with the enhirgement of admin- 
istrative service, as the growtli of the country in population increases 
the number of ofldcers and placemen employed. 

The reasons are imperative for the adoption of fixed rules for the 
regulation of appointments, promotions, and removals, establishing a 
uniform method, having exclusively in view, in every instance, the 
attainment of the best qualifications for the position in question. Such 
a method alone is consistent with the equal rights of all citizens, and 
the most economical and efficient administration of the public business. 

Competitive examinations, in aid of impartial appointments and pro- 
motions, have been conducted for some years past in several of tlie 
Executive Departments, and by my direction this system has been 
adopted in the custom-houses and post offices of the larger cities of the 
country. In the city of Kew York over two thousand ])ositions in the 
civil service have been subject, in their appointments and tenure of 
place, to the operation of published rules for this purpose, during the 



316 LETTERS AND MESSAGES. 

past two years. The results of these practical trials have been very 
satisfactory, and have confirmed my opinion in favor of this system of 
selection. All are subjected to the same tests, and the result is free 
from prejudice by personal favor or partisan influence. It secures for 
the position applied for the best (pialifications attainable among- the 
com])eting applicants. It is an effectual protection from the pressure 
of importunity which, under any other course pursued, largely exacts 
the time and attention of appointing officers, to their great detriment 
in the discharge of other official duties, preventing the abuse of the 
service for the mere furtherance of private or party purposes, and leaving 
the employ^- of the Government, freed from the obligations imposed by 
patronage, to depend solely upon merit for retention and advancement, 
and with this constant incentive to exertion and improvement. 

These invaluable results have been attained in a high degree in the 
offices Avliere the rules for appointment by competitive examination 
have been api)lied. 

A method which has so approved itself by experimental tests at 
points where such tests may be fairly considered conclusive, should be 
extended to all subordinate positions under the Government. I believe 
that a strong and growing public sentiment demands immediate meas- 
ures for securing and enforcing the highest possible efficiency in the 
civil service, and its protection from recognized abuses, and that the ex- 
perience referred to has demonstrated the feasibility of such measures. 

The examinations in the custom-houses and post offices have been 
held under many embarrassments and without provision for compen- 
sation for the extra labor performed by the officers who have con- 
ducted them, and whose commendable interest in the improvement of 
the public service has induced this devotion of time and labor without 
pecuniary reward. A continuance of these labors gratuitously ought 
not to be expected, and without an a])propriation by Congress for com- 
pensation, it is not practicable to extend the system of examinations 
generally througlumt the civil service. It is also highly important that 
all such examinations should be conducted upon a uniform system and 
under general supervision. Section 1753 of the Revised Statutes author- 
izes the President to prescribe the regulations for admission to the 
civil service of the United States, and for this purpose to employ suit- 
able persons to conduct the requisite inquiries with reference to " the 
fitness of each candidate, in respect to age, health, character, knowl- 
edge, and ability, for the branch of service into which he seeks to enter; " 
but the law is practically inoperative for want of the requisite appro- 
priation. 



LETTERS AND MESSAGES. 317 

I therefore recommend an appropriation of $25,000 per annum to 
meet the expenses of a commission, to be appointed by the President 
in accordance with the terms of this section, whose duty it shall be to 
devise a just, uniform, and efficient system of competitive examina- 
tions, and to supervise the application of the same throughout the 
entire civil service of the Government. I am persuaded that the facili- 
ties which such a commission will afford for testing the fitness of those 
who apply for office will not only be as welcome a relief to members of 
Congress as it will be to the President and heads of Departments, but 
that it will also greatly tend to remove the causes of embarrassment 
which now inevitably and constantly attend tlie conflicting claims of 
patronage between the Legislative and Executive Departments. The 
most effectual check upon the pernicious competition of influence and 
official favoritism, in the bestowal of office, will be the substitution of 
an open competition of merit between the applicants, in which every 
one can make his own record with the assurance that his success will 
depend upon this alone. 

I also recommend such legislation as, while leaving every officer as 
free as any other citizen to express his political opinions and to use his 
means for their advancement, shall also enable him to feel as safe as 
any private citizen in refusing all demands upon his salary for political 
purposes. A law which should thus guarantee trueliberty and justice 
to all who are engaged in the public service, and likewise contain 
stringent provisions against the use of official authority to coerce the 
political action of private citizens or of official subordinates, is greatly 
to be desired. 

The most serious obstacle, however, to an improvement of the civil 
service, and especially to a reform in the method of appointment and 
removal, has been found to be the practice, under what is known as the 
spoils system, by which the appointing power has been so largely 
encroached upon by members of Congress. The first step in the reform 
of the civil service must be a complete divorce between Congress and 
the Executive in the matter of appointments. The corrupting doctrine 
that " to the victors belong the spoils" is inseparable from Con- 
gressional patronage as the established rule and practice of parties in 
powder. It comes to be understood by applicants for office, and by the 
people generally, that Eepresentatives and Senators are entitled to 
disburse the patronage of their respective districts and States. It is 
not necessary to recite at length the evils resulting from this invasion 
of the Executive functions. The true principles of government on the 
subject of appointments to office, as stated in the National Conventions 



318 LETTERS AND MESSAGES. 

of the leading parties of the country, have again and again been ap- 
proved V)y the American people, and have not been called in question 
in any (piarter. These authentic expressions of public opinion upon 
this all-important subject are the statement of principles that belong 
to the constitutional structure of the Government. 

"Under the Constitution, tlie President and heads of Departments 
are to make nominations for office. The Senate is to advise and con- 
sent to appointments, and the House of Representatives is to accuse 
and prosecute faithless officers. The best interests of the public service 
demand that these distinctions be respected ; that Senators and Rep- 
resentatives, who may be judges and accusers, should not dictate ap- 
pointments to office." To this end the co-operation of the Legislative 
Department of the Government is required alike by the necessities of 
the case and by public opinion. Members of Congress will not be 
relieved from the demands made upon them with reference to appoint- 
ments to office until, by legislative enactment, the pernicious practice 
is condemned and forbidden. 

It is, therefore, recommended that an act be passed defining the 
relations of members of Congress with respect to appointments to 
office by the President, and I also recommend that the provisions of 
section 17G7, and of the sections following, of the Revised Statutes, 
comprising the Tenure-of- Office Act, of March 2, 1867, be repealed. 

Believing that to reform the system and methods of the civil service 
in our country is one of the highest and most imperative duties of 
statesmanship, and that it can be permanently done only by the co- 
operation of the Legislative and Executive Departmentsof the Govern- 
ment, I again commend the whole subject to your considerate attention. 

It is the recognized duty and purpose of the people of the United 
States to suppress polygamy where it now exists in our Territories, and 
to prevent its extension. Faithful and zealous efforts have been made 
by the United States authorities in Utah to enforce the laws against it. 
Experience has shown that the legislation upon this subject, to be 
effective, requires extensive modification and amendment. The longer 
action is delayed the more difficult it will be to accomplish what is 
desired. Prompt and decided measures are necessary. The Mormon 
sectarian organization which upholds polygamy has the whole power 
of making and executing the local legislation of the Territory. By its 
control of the grand and petit juries, it i)Ossesses large influence over 
the advuinistration of justice. Exercising, as the heads of this sect do, 
the local political power of the Territory, they are able to nmke effect- 
ive their hostility to the law of Congress on the subject of polygamy, 



LETTERS AND MESSAGES. 319 

and, in fact, do prevent its enforcement. Polygamy will not be abol- 
ished if the enforcement of the law depends on those who practice and 
uphold the crime. It^an only be suppressed by taking away the 
political power of the sect Vhich encourages and sustains it. The 
power of Congress to enact suitable laws to protect the Territories is 
ample. It is not a case for half-way measures. The political power of 
the Mormon sect is increasing; it controls now one of our wealthiest 
and most populous Territories. It is extending steadily into other Ter- 
ritories. Wherever it goes it establishes polygamy and sectarian politi- 
cal power. The sanctity of marriage and the family relation are the 
corner-stone of our American society and civilization. Eeligious lib- 
erty and the separation of Church and State are among the elementary 
ideas of free institutions. Tore-establish the interests and princijdes 
which polygamy and Mormonism have imperilled, and to fully reopen 
to intelligent and virtuous immigrants of all creeds that part of our 
domain which has been, in a great degree, closed to general immigra- 
tion by intolerant and immoral institutions, it is recommended that the 
government of the Territory of Utah be reorganized. 

I recommend that Congress provide for the government of Utah 
by a governor and judges, or commissioners, appointed by the Presi- 
dent and confirmed by the Senate — a government analogous to the 
provisional government established for the Territory northwest of the 
Ohio, by the ordinance of 1787. If, however, it is deemed best to con- 
tinue the existing form of local government, I recommend that the 
right to vote, hold office, and sit on juries in the Territory of Utah^ 
be confined to those who neither practice nor uphold polygamy. If 
thorough measures are adopted, it is believed that within a few years 
the evils which now afflict Utah will be eradicated, and that this 
Territory will in good time become one of the most prosi)erous and 
attractive of the new States of the Union. 

Our relations with all foreign countries have been those of undis- 
turbed peace, and have presented no occasion for concern as to their 
continued maintenance. 

My anticipation of an early reply from the British Government to the 
demand of indemnity to our fishermen for the injuries sufl'ered by that 
industry at Fortune Bay, in January, 1878, which I expressed in my 
last annual message, was disappointed. This answer was received only 
in the latter part of April in the present year, and, when received, ex- 
hibited a failure of accord between the two Governments, as to the 
measure of the inshore-fishing privilege secured to our fishermen by 
the Treaty of Washington, of so serious a character that I made it the 



320 LETTERS AND MESSAGES. 

subject of a coinimiuicatioii to Congress, iu which I reconiineiided the 
adoption of tlie measures which seemed to nie i)roper to be taken by 
this Government in maintenance of the rights accorded to our fisher- 
men under the treaty, and towards securing an indemnity for the injury 
these interests had suffered. A bill to carry out these reconmienda- 
tions was under consideration by the House of Eepresentatives at the 
time of the adjournment of Congress in June last. 

Within a few weeks I have received a communication from Her 
Majesty's Government, renewing the consideration of the subject, both 
of the indemnity for the injuries at Fortune Bay, and of the interpreta- 
tion of the treaty in which the previous corres])ondence had sIioaaii the 
two Governments to be at variance. Upon both these topics the dis- 
position towards a friendly agreement is manifested by a recognition 
of our right to an indemnity for the transaction at Fortune Bay, leaving 
the measure of such indemnity to further conference, and by an assent 
to the view of this Government, presented in the i^revious correspond- 
ence, that the regulation of conflicting interests of the shore fishery of 
the Provincial sea-coasts, and the vessel fishery of our fishermen, should 
be made the subject of conference and concurrent arrangement between 
the two Governments. 

I sincerely hope that the basis may be found for a speedy adjust- 
ment of the very serious divergence of views of the interpretation of 
the fishery clauses of the Treaty' of Washington, which, as the cor- 
respondence between the two Governments stood at the close of the 
last session of Congress, seemed to be irreconcilable. 

In the important exhibition of arts and industries, which was held 
last year at Sydney, New South Wales, as well as in that now in i)ro- 
gress at Melbourne, the United States have been eflSciently and honor- 
ably' represented. The exhibitors from this country at the former place 
received a large number of awards in some of the most considerable 
departments, and the participation of the United States was recog- 
nized by a special mark of distinction. In the exhibition at Melbourne, 
the share taken by our country is no less notable, and an equal degree 
of success is confidently expected. 

The state of peace and tranquillity now enjoyed by all the ISTations of 
the continent of Eurojie has its favorable influence upon our diplomatic 
and commercial relations with them. We have concluded and ratified 
a convention with the French Bepublic for the settlement of claims of 
the citizens of either country against the other. Under this convention 
a commission, presided over by a distinguished publicist, appointed, 
in pursuance of the request of both Nations, by His Majesty the Emperor 



LETTERS AND MESSAGES. 321 

of Brazil, has been organized and lias begun its sessions in this city. A 
congress to consider means for tlie ])rotection of industrial property Las 
recently been in session in Paris, to whicli I have appointed the Minis- 
ters of the United States in France and in Belgium as delegates. The 
International Commission upon Weights and Measures also continues 
its work in Paris. I invite your attention to the necessity of an ap- 
propriation to be made in time to enable this Government to comply 
Avith its obligations under the Metrical Convention. 

Our friendly relations with the German Empire continue without 
interruption. At the recent International Exhibition of Fish and 
Fisheries at Berlin, the participation of the United States, notwith- 
standing the haste with which the commission was forced to make its 
preparations, was extremely successful and meritorious, winning for 
private exhibitors numerous awards of a high class, and for the country 
at large the principal prize of honor offered by His Majesty the Emperor. 
The results of this great success cannot but be advantageous to this 
important and growing industry. There have been some questions 
raised between the two Governments as to the proper effect and inter- 
pretation of our treaties of naturalization, but recent despatches from 
our Minister at Berlin show that favorable progress is making toward 
an understanding, in accordance with the views of this Government, 
which makes and admits no distinction whatever between the rights 
of a native and a naturalized citizen of the United States. In practice, 
the complaints of molestation suffered by naturalized citizens abroad 
have never been fewer than at present. 

There is nothing of importance to note in our unbroken friendly rela- 
tions with the Governments of Austria-Hungary, Eussia, Portugal, 
Sweden and Norway, Switzerland, Turkey, and Greece. 

During the last summer several vessels belonging to the merchant 
marine of this country, sailing in neutral waters of the West Indies, 
were fired at, boarded, and searched by an armed cruiser of the Spanish 
Government. The circumstances, as reported, involve not only a pri- 
vate injury to the persons concerned, but also seemed too little observ- 
ant of the friendly relations existing for a century between this country 
and Spain. The wrong was brought to the attention of the Spanish 
Government in a serious protest and remonstrance, and the matter is 
undergoing investigation by the royal authorities, with a view to such 
explanation or reparation as may be called for by the facts. 

The commission sitting in this city for the adjudication of claims of 
our citizens against the Government of Spain, is, I hope, approaching 
the termination of its labors. 
21 



322 LETTERS AND MESSAGES. 

The claims against the United States under the Florida Treaty with 
Spain were submitted to Congress for its action at the late session, and 
I again invite your attention to this long-standing question, with a view 
to a final disposition of the matter. 

At the invitation of the Spanish Government, a conference has re- 
cently been held at the city of Madrid to consider the subject of pro- 
tection by foreign Powers of native Moors in the Empire of Morocco. 
The ;^rinister of the United States, in Spain, was directed to take part 
in the deliberations of this conference, the result of which is a conven- 
tion signed on behalf of all the Powers represented. The instrument 
will be laid before the Senate for its consideration. The Government 
of the United States has also lost no opportunity to urge upon that of 
the Emperor of Morocco the necessity, in accordance with the humane 
and enlightened spirit of the age, of putting an end to the persecutions, 
which have been so prevalent in that country, of persons of a faith 
other than the Moslem, and especially of the Hebrew residents of 
Morocco. 

The consular treaty concluded with Belgium has not yet been ofli- 
cially promulgated, owing to the alteration of a word in the text by the 
Senate of the United States, which occasioned a delay, during which 
the time allowed for ratification expired. The Senate ^ill be asked to 
extend the period for ratification. 

The attempt to negotiate a treaty of extradition with Denmark failed 
on account of the objection of the Danish Government to tlie usual 
clause providing that each Nation should pay the expense of the arrest 
of the persons whose extradition it asks. 

The provision made by Congress, at its last session, for the expense 
of the commission whicli had been appointed to enter upon negotiations 
with the Imperial Government of China, on subjects of great interest to 
the relations of the two countries, enabled the commissioners to pro- 
ceed at once upon their mission. The Imperial Government was pre- 
pared to give prompt and respectful attention to the matters brought 
under negotiation, and the conferences proceeded with such rapidity and 
success that, on the 17th of November last, two treaties were signed at 
Pekin, one relating to the introduction of Chinese into this country 
and one relating to commerce. Mr. Trescot, one of the commissioners, 
is now on his way home bringing the treaties, and it is expected that 
they Avill be received in season to be laid before the Senate early in 
January. 

Our Minister in Japan has negotiated a convention for the recipro- 
cal relief of shipwrecked seamen. I take occasion to urge once more 



LETTERS AND MESSAGES. 323 

ni)oii Congress the propriety of iiialdng" iirovision for the erection of 
suitable fire-i)roof buildings at the Japanese capital for the use of the 
American legation, and the court-house and jail connected with it. 
The Japanese Government, with great generosity and courtesy, has 
offered for this purpose an eligible piece of land. 

In my last annual message I invited the attention of Congress to the 
subject of the indemnity funds received some years ago from China and 
Japan, I renew the recommendation then made, that whatever por- 
tions of these funds are due to American citizens should be promptly 
paid, and the residue returned to the Nations, respectively, to which 
they justly and equitably belong. 

The extradition treaty with the Kingdom of the Netherlands, which 
has been for sometime in course of negotiation, has, during the past 
year, been concluded and duly ratified. 

Eelations of friendship and amity have been established between 
the Government of the United States and that of Eoumania. We have 
sent a diplomatic representative to Bucharest, and have received at this 
capital the special envoy, who has been charged by his Royal Highness, 
Prince Charles, to announce the independent sovereignty of Eoumania. 
We hope for a speedy development of commercial relations between the 
two countries. 

In my last annual message I expressed the hope that the prevalence 
of quiet on the border between this country and Mexico would soon be- 
come so assured as to justify the modification of the orders, then in force, 
to our military commanders, in regard to crossing the frontier, without 
encouraging such disturbances as would endanger the peace of the 
two countries. Events moved in^accordance with these exj)ectations, 
and the orders were accordingly withdrawn, to the entire satisfaction 
of our own citizens and the Mexican Government. Subsequently the 
peace of the border was again disturbed by a savage foray, under the 
command of the Chief Victorio, but, by the combined and harmonious 
action of the military forces of both countries, his band has been 
broken up and substantially destroyed. 

There is reason to believe that the obstacles which have so long i^re- 
vented rapid and convenient communication between the United States 
and Mexico by railways, are on the point of disappearing, and that 
several important enteri)rises of this character will soon be set on foot 
which cannot fail to contribute largely to the prosperity of both 
countries. 

New envoys from Guatemala, Colombia, Bolivia, Yeneznela, and 
Nicaragua have recently arrived at this capital, whose distinction and 



324 LETTERS AXD MESSAGES. 

enligbteiiment afford the best guarantee of the coutiuuance of friendly 
relations between ourselves and these sister Republics. 

The relation between this Government and that of the United States 
of Colombia have engaged public attention duiiiig the past year, mainly 
by reason of the project of an interoceanic canal across the Isthmus of 
Panama, to be built by private capital under a concession from the 
Colombian Government for that purpose. The treaty obligations sub- 
sisting between the United States and Colombia, by which we guarantee 
the neutrality of the transit and the sovereignty and property of Co- 
lombia in the Isthmus, make it necessary that the conditions under 
which so stupendous a change in the region embraced in this guarantee 
should be effected— transforming, as it would, this Isthmus, from a bar- 
rier between the Atlantic and Pacific Oceans, into a gateway and 
thoroughfare between them, for the navies and the merchant-ships of 
the world — should receive the approval of this Government, as being 
com[)atible with the discharge of these obligations on our part, and 
consistent with our interests as the principal commercial power of 
the Western Hemisphere. The views which I expressed in a special 
message to Congress in March last, in relation to this project, I deem it 
my duty again to press upon your attention. Subsequent consideration 
has but confirmed the opinion "that it is the right and duty of the 
United States to assert and maintain such supervision and authority 
over any interoceanic canal across the isthmus that connects North and 
South America as will protect our national interest." 

The war between the Republic of Chili on the one hand, and the 
allied Republics of Peru and Bolivia on the other, still continues. 
This Government has not felt called upon to interfere in a contest that 
is within the belligerent rights of the parties as independent States. 
We have, however, always held ourselves in readiness to aid in ac- 
commodating their difference, and have at diflferent times reminded 
both belligerents of our willingness to render such service. 

Our good offices, in this direction, were recently accepted by all the 
belligerents, and it was hoped they would prove eflacacious; but I regret 
to announce that the measures, which the Ministers of the United States 
at Santiago and Lima were authorized to take, with the view to bring 
about a peace, were not successful. In the course of the war some 
questions have arisen affecting neutj:al rights; in all of these the Min- 
isters of the United States have, under their instructions, acted with 
promptness and energy in protection of American interests. 

The relations of the United States with the Empire of Brazil con- 
tinue to be most cordial, and their commercial intercourse steadily 
increases to their mutual advantage. 



LETTERS AND MESSAGES. 325 

Tlie internal disorders with which the Argentine Eepublic has for 
sometime past been afflicted, and which have more or less inflnenced 
its external trade, are nnderstood to liave been bronght to a close. 
This happy resnlt may be expected to redonnd to the benefit of the 
foreign commerce of that Eepnblic as well as to the development of its 
vast interior resources. 

In Samoa, the Government of King Malietoa, under the support and 
recognition of the consular representatives of the United States, Great 
Britain, and Germany, seems to have given peace and tranquillity to 
the Islands. While it does not appear desirable to adopt as a whole 
the scheme of tripartite local government, which has been proposed, 
the common interests of the three great treaty Powers require harmony 
in their relations to the native frame of government, and this may 
be best secured by a simple diplomatic agreement between them. It 
would be well if the consular jurisdiction of our representative at Apia 
were increased in extent and importance, so as to guard American in- 
terests in the surroiinding and outlying Islands of Oceanica. 

The obelisk, generously presented by tlie Khedive of Egypt to the 
city of New York, has safely arrived in this country, and will soon be 
erected in that metroiwlis. A commission for the liquidation of the 
Egyptian debt has lately concluded its work, and this Government, at 
the earnest solicitation of the Khedive, has acceded to the pro^^sions 
adopted by it, which will be laid Itefore Congress for its information. 
A commission for the revision of the judicial code of the Eeform Tribunal 
of Egypt is now in session in Cairo. Mr. Farman, consul-general, and 
J. M. Batchelder, Esq., have been appointed as commissioners to par- 
ticipate in this work. The organization of the reform tribunals will 
probably be continued for another period of five years. 

In ])ursuance of the act passed at the last session of Congress, invita- 
tions have been extended to foreign maritime States to join in a sani- 
tary conference in Washington, beginning the first of January. The 
acceptance of this invitation by many prominent Powers gives promise 
of success in this important measure, designed to establish a system of 
international notification by which the spread of infectious or epidemic 
diseases may be more etfectively checked or i)revented. The attention 
of Congress is invited to the necessary appropriations for carrying into 
effect the provisions of the act referred to. 

The efforts of the Department of State to enlarge the trade and com- 
merce of the United States, through the active agency of consular offi- 
cers and through the dissemination of information obtained from them, 
have been unrelaxed. The interest in these efforts, as <leveloped in 



326 LETTERS AND MESSAGES. 

our coniinercial coiiiuiunities, and the value of the iuforniation secured 
by this meaus to the trade and manufactures of the country, were 
recognized by Congress at its hist session, and provision was made for 
the more frequent publication of consular and other reports by the 
Department of State. The first issue of this publication has now been 
I)repared, and subsequent issues may regularly be expected. The im- 
portance and interest attached to the reports of consular ofiicers are 
witnessed by the general demand for them by all classes of merchants 
and manufacturers engaged in our foreign trade. It is believed that 
the system of such publications is deserving of the approval of Con- 
gress, and that the necessary appropriations for its continuance and 
enlargement will commend itself to your consideration. 

The prosperous energies of our domestic industries, and their im- 
mense production of the subjects of foreign commerce, invite, and even 
require, an active development of the wishes and interests of our people 
in that direction. Especially important is it that our conuuercial rela- 
tions with the Atlantic and Pacific coasts of South America, with the 
West Indies and the Gulf of Mexico, should be direct, and not through 
the circuit of European systems, and should be carried on in our own 
bottoms. The full appreciation of the opportunities which our front on 
the Pacific ocean gives to conunerce with Ja^ian, China, and the East 
Indies, with Australia and the Island groups which lie along these 
routes of navigation, sbould inspire equal efibrts toappropriate toourown 
shipping, and to administer, by our own capital, a due proportion of this 
trade. Whatever modifications of our regulations of trade and navi- 
gation may be necessary or useful to meet and direct these impulses 
to the enlargement of our exchanges and of our carrying trade, I 
am sure the wisdom of Congress will be ready to sup])ly. One initial 
measure, however, seems to me so clearly useful and efidcient that I 
venture to press it upon your earnest attention. It seems to be very 
evident that the provision of regular steam-postal comnumication, by 
aid from Government, has been the forerunner of the commercial ])re- 
domi nance of Great Britain on all these coasts and seas, a greater 
share in whose trade is now the desire and the intent of our people. 
It is also manifest that the ett'orts of other Euroi)ean Nations to con- 
tend with Great IJritaiu for a share of this commerce have b(!en suc- 
cessful in proportion with their adoption of regular steam-postal commu- 
nication witli the markets whose trade; they sought. Mexico and the 
States of South America are anxious tore(;eive such postal comnumi- 
cations with this country, and to aid in their development. Similar 
co-operation may be looked foi-, in due time, from the Eastern Nations 



LETTERS AND MESSAGES. 327 

and from Australia. It is difficult to see how the lead in this movenieut 
can bo expected from private interests. In respect of foreign commerce, 
quite as much as in internal trade, postal communication seems neces- 
sarily a matter of common and public administration, and thus per- 
tainingf to Government. I respectfully recommend to your prompt 
attention such just and efficient measures as may conduce to the devel- 
opment of our foreign commercial exchanges and the building up of 
our carrying trade. 

In this connection I desire also to suggest the very great service 
which might be expected in enlarging and facilitating our commerce on 
the Pacific Ocean were a transmarine cable laid from San Francisco to 
the Sandwich Islands, and thence to Japan at the Xorth and Australia 
at the South. The great influence of such means of communication on 
these routes of navigation, in developing and securing the due share of 
our Pacific coast in the conuuerce of the world, needs no illustration 
or enforcement. It may be that such an enterprise, useful and in the 
end profitable as it would prove to private investment, may need to be 
accelerated by prudent legislation by Congress in its aid, and I submit 
the matter to your careful consideration. 

An additional, and not unimportant, although secondary, reason for 
fostering and enlarging the ISTavy may be found in the unquestionable 
service to the expansion of our comjuerce, which would be rendered by 
the frequent circulation of naval ships in the seas and ports of all 
quarters of the globe. Ships of the proper construction and equipment, 
to be of the greatest efficiency in case of maritime war, might be made 
constant and active agents in time of peace in the advancement and 
protection of our foreign trade, and in the nurture and discipline of 
young seamen, who would naturally, in some numbers, mix with and 
improve the crews of our merchant-ships. Our merchants at home and 
abroad recoguize the value to foreign commerce of an active movement 
of our naval vessels, and the intelligence and patriotic zeal of our naval 
officers in promoting every interest of their countrymen is a just sub- 
ject of national pride. 

The condition of the financial affairs of the Government, as shown 
by the report of the Secretary of the Treasury, is very satisfactory. It 
is believed that the present financial situation of the United States, 
whether considered with respect to trade, currency, credit, growing 
wealth, or the extent and variety of our resources, is more favorable 
than that of any other country of our time, and has never been sur- 
passed by that of any country at any period of its history. All our 
industries are thriving; the rate of interest is low ; new railroads are 
being constructed; a vast immigration is increasing our population. 



328 LETTERS AND MESSAGES. 

capital, and labor; new enterprises in great number are in progress; 
and our commercial relations Avitli other countries are improving. 

The ordinarj' revenues, from all sources, for the fiscal year ended 
June 30, 1880, were — 

From customs $186, 522, 0()4 GO 

From internal revenue 124, 009, 373 92 

From sales of public lands 1, 016, 506 60 

From tax on circulation and deposits of national banks 7, 014, 971 44 
From repayment of interest by Pacific Railway Com- 
panies 1, 707, 307 18 

From sinking-fund for Pacific Railway Companies. . 786,621 22 

From customs, fees, fines, penalties, &c 1, 148, 800 16 

From fees — consular, letters-patent, and lands 2, 337, 029 00 

From x>roceeds of sales of Government property ... 282, 616 50 

From profits on coinage, &g 2, 792, 186 78 

From revenues of the District of Columbia 1, 809, 469 70 

From miscellaneous sources 4, 099, 603 88 

Total ordinary receipts 333, 52(5, 610 98 

The ordinary expenditures for the same period were — 

For civil expenses $15, 693, 963 55 

For foreign intercourse 1 , 211, 490 58 

For Indians 5, 945, 457 09 

For pensions, including $19, 341 , 025.20 arrears of pen- 
sions 56, 777, 174 44 

For the military establishment, including river and 

harbor improvements and arsenals 38, 116, 916 22 

For the naval establishment, including vessels, ma- 
chinery, and imi)rovements at navy-yards 13, 536, 984 74 

For miscellaneous expenditures, including public 

buildings, light-houses, and collecting the revenue. 34, 535, 691 00 

For expenditures on account of District of Columbia . 3, 272, 384 63 

For interest on the public debt 95, 757, 575 11 

For premium on bonds purchased ... 2, 795, 320 42 

Total ordinary expenditures 267, 642, 957 78 

Leaving a surplus revenue of $(jo, 883, 653 20 

Which, with an amount drawn from the cash balance 

in Treasury, of 8, 084, 434 21 

Making 73, 968, 087 41 



LETTERS AND MESSAGES. 329 

Was applied to the redemption — 

Of bonds for the sinking-fund $73, (;52, 900 00 

Of fractional currency 251 , 717 41 

Of the loan of 1858 4(), 000 00 

Of temporary loan 100 00 

Of bounty-land scrip 25 00 

Of compound-interest notes 1^'? 500 00 

Of 7.30 notes of 1864-'5 2, 650 00 

Of one and two-year notes 3, 700 00 

Of old demand notes 495 00 

73,908,087 11 

The amount due the sinking-fund for this year was $37,931,043.55. 
There was applied thereto the sumof $73,904,()17.41,being $35,972,973.80 
in excess of the actual requirements for the year. 

The aggregate of the revenues from all sources during the fiscal year 
ended June 30, 1880, was $333,520,010.98, an increase over the pre- 
ceding year of $59,099,426.52. The receipts thus far, of the current 
year, together with the estimated receipts for the remainder of the 
year, amount to $350,000,000, which will be sufflcient to meet the esti- 
mated expenditures of the year, and leave a surplus of $90,000,000. 

It is fortunate that this large surplus revenue occurs at a period when 
it may be directly applied to the payment of the public debt soon to 
be redeemable. No public duty has been more constantly cherished in 
the United States than the policy of paying the Nation's debt as rapidly 
as possible. 

The debt of the United States, less cash in the Treasury and exclu- 
sive of accruing interest, attained its maxinmm of 2,756,431,571.43 in 
August, 1805, and has since that time been reduced to $1,880,019,504.05. 
Of the principal of the debt, $108,758,100 has been paid since March 1, 
1877, effecting an annual saving of interest of $0,107,593. The burden 
of interest has also been diminished by the sale of bonds bearing a 
low rate of interest, and the application of the proceeds to the redemp- 
tion of bonds bearing a higher rate. The annual saving thus secured 
since March 1, 1877, is $14,290,453.50. 

Within a short period over six hundred millions of five and six per 
cent, bonds will become redeemable. This presents a very favorable 
opportunity not only to further reduce the principal of the debt, but 
also to reduce the rate of interest on that which will remain unpaid. 
I call the attention of Congress to the views expressed on this subject 
by the Secretary of the Treasury in his annual report, and recommend 



330 LETTERS AND MESSAGES. 

prompt legislation, to euable the Treasury Department to complete 
the refunding of the debt which is about to mature. 

The continuance of specie payments has not been interrupted or 
endangered since the date of resumption. It has contributed greatly 
to the revival of business and to our remarkable prosperity. The fears 
that preceded and accompanied resumption have proved groundless. 

No considerable amount of United States notes have been presented 
for redemption, while very large sums of gold bullion, both domestic 
and imported, are taken to the mints and exchanged for coin or notes. 
The increase of coin and bullion in the United States since January 1, 
1879, is estimated at $227,399,428. 

There are still in existence, uncancelled, $34G,()81,01G of United 
States legal-tender notes. These notes were authorized as a war 
measure, made necessary by the exigencies of the conflict in wWch the 
United States was then engaged. The preservation of the Nation's 
existence required, in the judgment of Congress, an issue of legal- 
tender paper money. That it served well the purpose for which it was 
created is not questioned, but the employment of the notes as paper 
money indefinitelj', after the accomplishment of the object for which 
they were provided, was not contemplated by the framers of the law 
under which they were issued. These notes long since became like any 
other pecuniary obligation of the Government — a debt to be j)aid, and, 
when paid, to be cancelled as a mere evidence of au indebtedness 
no longer existing. I therefore repeat what was said in the annual 
message of last year, that the retirement from circulation of United 
States notes, with the capacity of legal-tender in private contracts, is 
a step to be taken in our i)rogress towards a safe and stable currency, 
whicli should be accepted as the policy and duty of the Government 
and the interest and security of the people. 

At the time of the passage of the act now in force requiring the coin- 
age of silver dollars, fixing their value and giving them legal-tender 
character, it Avas believ^ed by many of the supporters of the measure 
that the silver dollar, which it authorized, would speedily become, 
under the operations of the law, of equivalent value to the gold dollar. 
There were other sup[)orters of the bill, who, while the}' doubted as to the 
l>robability of this result, nevertheless were willing to give the proi)osed 
experiment a fair trial, with a view to stop the coinage, if experience 
should i)rove that the silver dollar authorized by the bill continued to 
be of less commercial value than the standard gold dollar. 

The coinage of silver dollars, under the act referred to, began in March, 
1878, and has been continued as required by the act. The average rate 



I 



LETTERS AND MESSAGES. 331 

per inoiitli to the present time has been $2,270,492. The total amount 
coined prior to the tirstof November last was $72,847,750. Of this amount 
$47,084,450 remain in the Treasury, and only $25,763,291 are in the 
hands of the people. A constant effort has been made to keep this cur- 
rency in circulation, and considerable exi)ense has been necessarily 
incurred for this purpose, but its return to the Treasury is promj)t and 
sure. Contrary to the confident anticipation of the friends of the 
measure at the time of its ado^ition, the value of the silver dollar, con- 
taining" 412i grains of silver, has not increased. During- the year prior 
to the passage of the bill authorizing its coinage, the market value of 
the silver which it contained was from ninety to ninety-two cents, as 
compared with the standard gold dollar. During the last year the 
average market value of the silver dollar has been eighty-eight and a 
half cents. 

It is obvious, that the legislation of the last Congress in regard to sil- 
ver, so far as it was based on an anticipated rise in the value of silver 
as a result of that legislation, has failed to produce the effect then jire- 
dicted. The longer the law remains in force, reqmring as it does the 
coinage of a nominal dolhir, which in reality is not a dollar, the greater 
becomes the danger that this country will be forced to accept a single 
metal as the sole legal standard of value, in circulation, and this a 
standard of less value than it i)urports to be worth in the recognized 
money of the world. 

The Constitution of the United States, sound financial principles, 
and our best interests, all require that the countrj^ should have as 
its legal-tender money both gold and silver coin, of an intrinsic valne, 
as bullion, equivalent to that which, upon its face, it purports to 
possess. The Constitution in express terms recognizes both gold and 
silver as the only true legal-tender money. To banish either of these 
metals from our currency is to narrow and limit the circulating medium 
of exchange to the disparagement of important interests. The United 
States produces more silver than any other country, and is directly 
interested in maintaining it as one of the two precious metals which 
furnish the coinage of the world. It will, in my judgment, contribute 
to this result if Congress will repeal so much of existing legislation as 
requires the coinage of silver dollars containing only 412i grains of 
silver, an'd in its stead will authorize the Secretary of the Treasury to 
coin silver dollars of equivalent value as bullion, with gold dollars. 
This will defraud no man, and will be in accordance with familiar i)rece- 
dents. Congress, on several occasions, has altered the ratio of value 
between gold and silver, in order to establish it more nearly in accord- 
ance with the actual ratio of value between the two metals. 



332 LETTERS AND MESSAGES. 

Ill fliiaiieial legislation every measure in the direction of greater 
fidelity in tLe discharge of pecuniary obligations, has been found by 
experience to diminish the rates of interest which debtors are required 
to pay, and to increase the facility with which money can be obtained 
for every legitimate purpose. Our own recent financial history shows 
how surely money becomes abundant whenever confidence in the exact 
lierformance of moneyed obligations is established. 

The Secretary of War reports that the expenditures of the War De- 
partment for the fiscal year ended June 30, 1880, were $39,924,773.03. 
The api)ropriations for this Department, foi the current fiscal year, 
amount to $41,993,030.40. 

With respect to the Army, the Secretary invites attention to the fact 
that its strength is limited by statute (section 1115, Revised Statutes) 
to not more than 30,000 enlisted meu, but that provisos contained in 
appropriation bills have limited expenditures to the enlistment of but 
25,000. It is believed the full legal strength is the least possible force 
at which the present organization can be maintained, having in view 
efficiency, discipline, and economy. While the enlistment of this force 
would add somewhat to the appropriation tor pay of the Army, the 
saving made in other respects would be more than an equivalent for 
this additional outlay, and the efficiency of the Army would be largely 
increased. 

The rapid extension of the railroad system west of the Mississippi 
river, and the great tide of settlers which has flowed in upon new ter- 
ritory, impose on the military an entire change of policy. The main- 
tenance of small posts along wagon and stage-routes of travel is no 
longer necessary. Permanent quarters at points selected, of a more sub- 
stantial character than those heretofore constructed, will be required. 
Under existing laws, permanent buildings cannot be erected without the 
sanction of Congress, and when sales of military sites and buildings have 
been authorized, tlie moneys received have reverted to the Treasury, and 
could only become available through a new appropriation. It is recom- 
mended that i)rovision be made, by general statute, for the sale of such 
abandoned military posts and buildings as are found to be unneces- 
sary, and for the application of the proceeds to the construction of other 
posts. While many of the present i)osts are of but slight value for 
military purposes, owing to the changed condition of the country, their 
occupation is continued at great expense and inconvenience, because 
they aflbrd the only available shelter for troops. 

The absence of a large number of ofiicers of the line, in active duty, 
from their regiments, is a serious detriment to the maintenance of the 



LETTERS AND MESSAGES. 333 

service. The coustant demand for small detachments, each of which 
should be commanded by a commissioned officer, and the various de- 
tails of officers for necessary service away from their commands, occa- 
sion a scarcity iu the number required for company duties. With a 
view to lesseuiug this drain to some extent, it is recommended that 
the law authorizing- the detail of officers from the active list as pro- 
fessors of tactics and military science at certain colleges and univer- 
sities, be so amended as to provide that all such details be made from 
the retired list of the Army. 

Attention is asked to the necessity of providing by legislation for 
organizing, arming, and disciplining the active militia of the country^ 
and liberal a]>propriations are recommended in this behalf The re- 
ports of the Adjutant-General of the Army and the Chief of Ordnance 
touching this subject fully set forth its importance. 

The rei)ort of the officer iu charge of education in the Army shows that 
there are seventy-eight schools now in operation in the Army, with an 
aggregate attendance of 2,305 enlisted men and children. The Secre- 
tary recommends the enlistment of one hundred and fifty schoolmasters,, 
with the rank and pay of commissary-sergeants. An appropriation is 
needed to supply the judge-advocates of the Army with suitable libra- 
ries, and the Secretary recommends that the corps of judge-advocates, 
be placed upon tlie same footing, as to promotion, with the other 
staff corps of the Army. Under existing laws, the Bureau of Military 
Justice consists of one officer, the Judge- Advocate General, and the 
corps of judge-advocates, of eight officers of equal rank, (majors,) with 
a provision that the limit of the corps shall remain at four, when. 
reduced by casualty or resignation to that number. The consolidation 
of the Bureau of Military Justice, and the corps of judge-advocates, 
upon the same basis with the other staff corps of the Army, would re- 
move an unjust discrimination against deserving officers, and subserve 
the best interests of the service. 

Especial attention is asked to the report of the Chief of Engineers upon 
the condition of our national defences. From a personal inspection 
of many of the fortifications referred to, the Secretary is able to empha- 
size the recommendations made, and to state that their incomplete and 
defenceless condition is discreditable to the country. While other Na- 
tions have been increasing their means for carrying on offensive warfare 
and attacking maritime cities, we have been dormant in preparation for 
defence; nothing of importance has been done towards strengthening 
and finishing our casemated works since our late civil war, during 
which the great guns of modern warfare and the heavy armor of 



334 LETTERS AND MESSAGES. 

modern fortifications and ships came into use amonjj the Nations, and 
our earthworks left, by a sudden faihire of appropriations some years 
since, in all stages of incoinpletion, are now being rapidly destroyed 
by the elements. 

The two great rivers of the North American Continent, the Missis- 
sippi and the Columbia, have their navigable waters wholly within the 
limits of the United States, and are of vast importance to our internal 
and foreign commerce. The permanency of the important work on the 
South Pass of the Mississippi river seems now to be assured. There 
has been no failure whatever in the maintenance of the maximum 
channel during the six months ended August 9, last. This experiment 
has opened a broad deep highway to the ocean, and is an improve- 
ment, upon the permanent success of which, congratulations niay be 
exchanged among* people abroad and at home, and especially among 
the communities of the Mississippi valley, whose commercial exchanges 
float in an unobstructed channel safely to and from the sea. 

A comprehensive improvement of the Mississippi and its tributaries 
is a matter of transcendent importance. These great water-ways com- 
prise a system of inland transportation sjjread like net- work over a 
large portion of the United States, and navigable to the extent of 
many thousands of miles. Producers and consumers alike, have a com- 
mon interest in such unequalled facilities for cheap transportation. 
Geographically, commercially, and politically', they are the strongest tie 
between the various sections of the country. These channels of com- 
munication and interchange are the property of the Nation. Its Juris- 
diction is paramount over their waters, and the plainest principles of 
public interest require their intelligent and careful supervision, with 
a view to their j)rotection, improvement, and the enhancement of their 
usefulness. 

The channel of the Columbia river, for a distance of about one hun- 
dred miles from its mouth, is obstructed by a succession of bars, vrhich 
occasion serious delays in navigation, and hea\'y expense for lighterage 
and towage. A depth of at least twenty feet at low tide should be 
secured and maintained, to meet the requirements of the extensive and 
growing inland and ocean commerce it subserves. The most urgent 
need, however, for this great water-way is a i^ermanent improvement 
of the channel at the mouth of the river. 

From Columbia river to San Francisco, a distance of over six hun- 
dred miles, there is no harbor on our Pacific coast which can be ap- 
proached during stormy weather. An appropriation of $150,000 was 
made by the Forty-fifth Congress for the commencement of a break- 



LETTERS AND MESSAGES. 335 

water and harbor of refuge, to be located at some point between the 
Straits of Fiica and San Francisco, at wliiclj the necessities of com- 
merce, local and general, will be best accommodated. The amount 
appropriated is thought to be quite inadequate for the purpose intended. 
The cost of the work, when finished, will be very great, owing to the 
want of natural advantages for a site at any point on the coast between 
the designated limits, and it has not been thought to be advisable to 
undertake the work without a larger appropriation. I commend the 
matter to the attention of Congress. 

The comidetion of the new building for the War Department is ur- 
gently needed, and the estimates for continuing its construction are 
especially recommended. 

The collections of books, specimens, and records constituting the 
Army Medical Museum and Library are of national importance. The 
library now contains about fifty-one thousand five hundred (51,500) 
volumes and fifty-seven thousand (57,000) pamphlets relating to medi- 
cine, surgery, and allied topics. The contents of the Army Medical 
Museum consist of twenty-two thousand (22,000) specimens, and are 
unique in the completeness with which both military surgery and the 
diseases of armies are illustrated. Their destruction would be an irre- 
parable loss, not only to the United States, but to the world. There 
are filed in the record and pension division, over sixteen thousand 
(10,000) bound volumes of hospital records, together with a great 
quantity of papers, embracing the original records of the hospitals of 
our armies during the civil war. Aside from their historical value, 
these records are daily searched for evidence needed in the settlement 
of large numbers of pension and other claims, for the protection of the 
Government against attempted frauds as well as for the benefit of 
honest claimants. These valuable collections are now in a building 
which is peculiarly exposed to the danger of destruction by fire. It 
is therefore earnestly recommended that an appropriation be made for 
a new fire-proof building, adequate for the present needs and reason- 
able future expansion of these valuable collections. Such a building 
should be absolutely fire-proof; no expenditure for mere architectural 
display is required. It is believed that a suitable structure can be 
erected at a cost not to exceed two hundred and fifty thousand dollars, 
($250,000.) 

I commend to the attention of Congress the great services of the 
commander and chief of our armies during the war for the Union, whose 
wise, firm, and patriotic conduct did so much to bring that momentous 
conflict to a close. The legislation of the United States contains many 



336 LETTERS ANIJ MESSAGES. 

precedents for the recognition of distinguislied military merit, author- 
izing- rank and emolumeuts to be couferred for eminent services to the 
country. An act of Congress authorizing the appointment of a Captain- 
General of the Army, with suitable provisions relating to compensa- 
tion, retirement, and other details, would, in my judgment, be alto- 
gether fitting and pro[)er, and would be warmly approved by the country. 

The report of the Secretary of the Navy exhibits the successful and 
satisftictory management of that Department during the last fiscal year. 
The total expenditures for the year were $12,910,039.45, leaving unex- 
pended at the close of the year $2,141,682.23 of the amount of available 
appro])riations. The appropriations for tlie present fiscal year ending- 
June 30, 1881, are $15,095,001.45; and the total estimates for the next 
fiscal year ending June 30, 1882, are $ 15,953,751.01. The amount drawn 
by warrant from July 1, 1880, to November 1, 1880, is $5,041,570.45. 

Tlie recommendation of the Secretary of the Navy, that provision be 
made for the establishment of some form of civil government for the 
people of Alaska, is approved. At present there is no protection 
of persons or property in that Territory, exce])t such as is afforded by 
the officers of the United States ship Jamestown. This vessel was 
dispatched to Sitka, because of the fear that, without the immediate 
presence of the National authority, there was impending danger of 
anarchy. The steps taken to restore order have been accepted in good 
faith by both white and Indian inhabitants, and the necessity for this 
method of restraint does not, in my opinion, now exist. If however, 
the Jamestown should be withdrawn, leaving the people, as at pres- 
ent, without the ordinary, judicial, and administrative authority of organ- 
ized local government, serious consequences might ensue. 

The laws provide only for the collection of revenue, the protection of 
l)ublic property, and the transmission of the mails. The problem is to 
supply a local rule for a population so scattered and so peculiar in its 
origin and condition. The natives are reported to be teachable and 
self-supporting, and, if properly instructed, doubtless would advance 
rapidly in civilization, and a new factor of prosperity would be added 
to the national life. I therefore recommend the reiiuisite legislation 
upon this subject. 

The Secretary of the Navy has taken steps towards the establishment 
of naval coaling-stations at the Isthmus of Panama, to meet the re- 
quirements of our commercial relations with Central and South America, 
which are rapidly growing in importance. Locations eminently suitable, 
both as regards our naval purposes and the uses of commerce, have 
been selected, one on the east side of the Isthmus, at Chiriqui Lagoon, 



LETTERS AND MESSAGES. 337 

in the Caribbean Sea, and the other on the Pacific coast, at the Bay 
of Golfito. The only safe harbors, sufficiently commodious, on the 
Isthmus, are at these points, and the distance between them is less than 
one hundred miles. The report of the Secretary of the N^avy concludes 
with valuable suggestions with respect to the building up of our mer- 
chant-marine service, which deserve the favorable consideration of 
Congress. 

The report of the Postmaster-General exhibits the continual growth 
and the high state of efficiency of the postal service. The operations 
of no Department of the Government, perhaps, represent with greater 
exactness the increase in the population and the business of the coun- 
try. In 1860, the postal receipts were $8,518,067.40 ; in 1880, the receipts 
were $33,315,479.34. All the iuhabitants of the country are directly 
and personally interested in having proper mail facilities, and natu- 
rally watch the Post Office very closely. This careful oversight on the 
part of the people has proved a constant stimulus to improvement. 
During the past year there was an increase of 2,134 post offices, and 
the mail routes were extended 27,177 miles, making an additional annual 
transportation of 10,804,191 miles. The revenues of the postal service 
for the ensuing year are estimated at $38,845,174,10, and the expendi- 
tures at $42,475,932, leaving a deficiency to be appropriated out of the 
Treasury of $3,630,757.90. 

The Universal Postal Union has received the accession of almost all 
the countries and colonies of the world maintaining organized postal 
services, and it is confidently expected that all the other countries and 
colonies now outside the Union will soon unite therewith, ilms realizing 
the grand idea and aim of the founders of the Union, of forming, for 
purposes of international mail communication, a single postal territory 
embracing the world, with complete uniformity of postal charges, and 
conditions of international exchange, for all descriptions of correspond- 
ence. To enable the United States to do its full share of this great 
work, additional legislation is asked by the Postmaster-General, to whose 
recommendations especial attention is called. 

The suggestion of the Postmaster-General, that it would be wise to 
encourage by appropriate legislation, the establishment of American 
lines of steamers by our own citizens, to carry the mails between our 
own ports and those of Mexico, Central America, South America, and of 
trans-Paciflc countries, is commended to the serious consideration of 
Congress. 

The attention of Congress is also invited to the suggestions of the 
Postmaster-General in regard to postal savings. 
22 



338 LETTERS AND MESSAGES. 

The necessity for additional provision, to aid in the transaction of 
the business of the Federal courts, becomes each year more apparent. 
The dockets of the Supreme Court, and of the circuit courts, in the 
greater number of the circuits, are encumbered with the constant acces- 
sion of cases. In the former court, and in many instances in the circuit 
courts, years intervene before it is practicable to bring cases to hearing. 

The Attorney-General recommends the establishment of an interme- 
diate court of errors and appeals. It is recommended that the number 
of judges of the circuit court in each circuit, with the exception of the 
second circuit, should be increased by the addition of another judge ; in 
the second circuit, that two should be added; and that an intermediate 
appellate court shoukl be formed in each circuit, to consist of the cir 
cuit judges and the circuit justice, and that in the event of the absence 
of either of these judges the place of the absent judge should be 
supplied by the judge of one of the district courts in the circuit. Sucli 
an appelhite court could be safely invested with large jurisdiction, and 
its decisions would satisfy suitors in many cases where appeals would 
still be allowed in the Supreme Court. The expense incurred for this 
intermediate court will require a very moderate increase of the appro- 
priations for the expcMses of the Department of Justice. This recom- 
mendation is commended to the careful consideration of Congress. 

It is evident that a delay of justice, in many instances oppressive and 
disastrous to suitors, now neccessarily occurs in the Federal courts, 
which will in this way be remedied. 

The report of the Secretary of the Interior presents an elaborate 
account of the operations of that Department during the past year. 
It gives me great pleasure to say that our Indian affairs appear to be in a 
more hopeful condition now than ever before. The Indians have made 
gratifying progress in agriculture, herding, and mechanical pursuits. 
Many who were a few years ago in hostile conflict with the Govern- 
ment are quietly settling down on farms where they hope to make their 
permanent homes, building houses and engaging in the occupations of 
civilized life. The introduction of the freighting business among them 
has been remarkably fruitful of good results, in giving many of them 
congenial and remunerative employment, and in stimulating their am- 
bition to earn their own support. Their honesty, fidelity, and efticiency 
as carriers are highly praised. The organization of a police force of 
Indians has been equally successful in maintaining law and order upon 
the reservations, and in exercising a wholesome moral influence among 
the Indians themselves. I concur with the Secretary of the Interior 



LETTERS AND MESSAGES. 339 

in tlie recommendation that the pay of this force be increased, as 
an indncement to the best class of young men to enter it. 

Much care and attention has been devoted to the enlargement of 
educational facilities for the Indians. The means available for this 
important object have been very inadequate. A few additional board- 
ing-schools at Indian agencies have been established, and the erec- 
tion of buildings has been begun for several more, but an increase 
of the appropriations for this interesting undertaking is greatly 
needed to accommodate the large number of Indian children of school- 
age. The number ottered by their parents from all parts of the country 
for education in the Government schools is much larger than can be 
accommodated with the means at present available for that purpose. 
The number of Indian pupils at the Normal School at Hampton, Vir- 
ginia, under the direction of General Armstrong, has been considerably 
increased, and their progress is highly encouraging. The Indian school 
established by the Interior Department in 1879, at Carlisle, Pennsyl- 
vania, under the direction of Captain Pratt, has been equally success- 
ful. It has now nearly two hundred pupils of both sexes, representing 
a great variety of the tribes east of the Rocky Mountains. The pupils 
in both these institutions receive not only an elementary English edu- 
cation, but are also instructed in house-work, agriculture, and useful 
mechanical pursuits. A similar school was established this year at 
Forest Grove, Oregon, for the education of Indian youth on the Pacific 
coast. In addition to this, thirty-six Indian boys and girls wers selected 
from the Eastern Cherokees and placed in boarding-schools in North 
Carolina, where they are to receive an elementary English education 
and training in industrial luirsuits. The interest shown by Indian 
parents, even among the so-called wild tribes, in the education of their 
children, is very gratifying, and gives promise that the results accom- 
plished by the efforts now making will be of lasting benefit. 

The expenses of Indian education have so far been drawn from the 
Ijermauent civilization-fund at the disposal of the Department of the 
Interior; but the fund is now so much reduced, that the continuance 
of this beneficial work will in the future depend on specific ai)pro- 
priations by Congress for the purpose, and I venture to express the 
hope that Congress will not permit institutions so fruitful of good 
results to perish for want of means for their support. On the con- 
trary, an increase of the number of such schools appears to me highly 
advisable. 

The past year has been unusually free from disturbances among the 
Indian tribes. An agreement has been made with the Utes, by which 



340 LETTERS AND MESSAGES. 

they surrender tlieir large reservatiou iu Colorado in consideration of 
an annuity, to be paid to them, and agree to settle in severalty on cer- 
tain lands designated for that purpose, as farmers, holding individual 
title to their land in fee-simple, inalienable for a certain period. In this 
way a costly Indian war has been avoided, which, at one time, seemed 
imminent, and, for the first time in the history of the country, au 
Indian nation has given up its tribal existence to be settled in sev- 
eralty, and to live as individuals under tbe common protection of the 
laws of the country. The conduct of the Indians throughout the coun- 
try during the past year, with but few noteworthy exceptions, has been 
orderly and peaceful. The guerilla warfare carried on for two years 
by Victorio and his band of Southern Apaches has virtually come to 
an end by the death of that chief and most of his followers, on Mexican 
soil. The disturbances caused on our northern frontier by Sitting Bull 
and his men, who had taken refuge in the British dominions, are also 
likely to cease. A large majority of his followers have surrendered to 
our military forces, and the remainder are apparently in progress of 
disintegration. 

I concur with the Secretary of the Interior in expressing the earnest 
hope that Congress will at this session take favorable action on the bill 
providing for the allotment of lands on the difterent reservations in 
severalty to the Indians, with patents conferring fee-simple title inalien- 
able for a certain period, and the eventual disposition of the residue of 
the reservations, for general settlement, with the consent and for the 
benefit of the Indians, placing the latter under the equal protection of 
the laws of the country. This measure, together with a vigorous prose- 
cution of our educational efforts, will work the most important and 
effective advance toward the solution of the Indian problem, in prepar- 
ing for the gradual merging of our Indian population in the great body 
of American citizenship. 

A large increase is reported in the disposal of public lands for settle- 
ment during the past year, which nuirks the prosperous growth of our 
agricultural industry, and a vigorous movement of population toward 
our unoccupied lands. As this movement proceeds, the codification of 
our land laws, as Avell as proper legislation to regulate the disposition of 
public lands, become of more pressing necessity, and I therefore iuNite 
the consideration of Congress to the report and the accompaniug draft 
of a bill, nuule by the Public Laiuls Commission, which were communi- 
cated by me to Congress at the last session. Early action upon this 
important subject is highly desirable. 

The attention of Congress is again asked to the wasteful depreda- 



LETTERS AND MESSAGES. 341 

tions committed on our public timber-lands, and the rapid and indis- 
criminate destruction of our forests. The urgent necessity for legisla- 
tion to this end is now generally recognized. In view of the lawless 
character of the depredations committed, and the disastrous conse- 
quences which will inevitably follow their continuance, legislation has 
again and again been recommended to arrest the evil, and to preserve 
for the people of our Western States and Territories the timber needed 
for domestic and other essential uses. 

The report of the Director of the Geological Survey is a document 
of unusual interest. The consolidation of the various geological and 
geographical surveys and exploring enterprises, each of which has 
heretofore operated upon an independent plan, without concert, can- 
not fail to be of great benefit to all those industries of the country 
which depend upon the development of our mineral resources. The 
labors of the scientific men, of recognized merit, who compose the 
corps of the Geological Survey, during the first season of their field 
operations and inquiries, appear to have been very comprehensive, and 
will soon be communicated to Congress in a number of volumes. The 
Director of the Survey recommends that the investigations, carried on 
by his bureau, which, so far, have been confined to the so-called public- 
land States and Territories, be extended over the entire country, and 
that the necessary appropriation be made for this purpose. This would 
be particularly beneficial to the iron, coal, and other mining interests 
of the Mississippi valley, and of the Eastern and Southern States. 
The subject is commended to the careful consideration of Congress. 

The Secretary of the Interior asks attention to the want of room in 
the public buildings of the capital, now existing and in progress of con- 
struction, for the accommodation of the clerical force employed, and of 
the i)ublic records. Necessity has compelled the renting of private 
buildings in different parts of the city for the location of public ofiQces, 
for which a large amount of rent is annually paid, while the separation 
of offices belonging to the same Department impedes the transaction 
of current business. The Secretary suggests that the blocks surronnd- 
ing Lafayette Square, on the east, north, and west, be purchased as 
the sites for new edifices, for the accommodation of the Government 
oflBces, lea%aug the square itself intact; and that, if such buildings 
were constructed upon a harmonious plan of architecture, they would 
add much to the beauty of the National capital, and would, together 
with the Treasury and the new State, Navy, and War-Department 
building, form one of the most imposing groups of public edifices in 
the world. 



342 LETTERS AND MESSAGES. 

The Commissioner of Agriculture expresses the confident belief that 
his efforts in behalf of the production of our own sugar and tea have 
been encouragingly rewarded. The importance of the results attained 
have attracted marked attention at home, and have received the special 
consideration of foreign Xations. The successful cultivation of our own 
tea, and the uuinufa(;ture of our own sugar, would nuike a difference of 
many millions of dollars annually in the wealth of the Nation. 

The report of the Commissioner asks attention particularly to the 
continued prevalence of an infectious and contagious cattle-disease, 
known and dreaded in Europe and Asia as cattle-plague, or pleuro- 
pneumonia. A mild type of this disease, in certain sections of our 
country, is the occasion of great loss to our farmers, and of serious 
disturbance to our trade with Great Britain, Avhich furnishes a market 
for most of our live-stock and dressed meats. The value of neat-cattle 
exported from the United States for the eight months ended August 
31, 1880, was more than twelve million dollars, and nearly double the 
value for the same period in 1879, an unexampled increase of export 
trade. Your early attention is solicited to this important matter. 

The Commissioner of Education reports a continued increase of public 
interest in educational affairs, and that the public schools generally 
throughout the country are well sustained. Industrial training is at- 
tracting deserved attention, and colleges for instruction, theoretical 
and practical, iu agriculture and the mechanic arts, including the Gov- 
ernment schools recently established for the instruction of Indian 
youth, are gaining steadily in public estimation. The Commissioner 
asks special attention to the depredations committed on the lands re- 
served for the future support of public instruction, and to the very 
great need of help from the Nation for schools in the Territories and in 
the Southern States. The recommendation heretofore made is rei)eated 
and urged, that an educational fund be set apart from the net proceeds 
of the sales of the public lands annually, the income of which, and the 
remainder of the net annual proceeds, to be distributed on some satis- 
factory i>lan to the States and Territories and the District of Columbia. 

The success of the public schools of the District of Columbia, and 
the i)rogress made, under the intelligent direction of the Board of 
Education and the superintendent, in supplying the educational require- 
ments of the District with thoroughly-trained and efficient teachers, is 
very gratifying. The actsofCongress, from time to time, donating public 
lands to the several States and Territories, in aid of educational interests, 
have proved to l)e Avise measures of public policy, resulting in great and 
lasting benefit. It would seem to be a matter of simple justice to extend 



LETTERS AND MESSAGES. 343 

the benefits of this legislation, the wisdom of which has been so fully 
vindicated by exi)erience, to the District of Columbia. 

I again commend the general interests of the District of Columbia to 
the favorable consideration of Congress. The affairs of the District, as 
shown by the report of the Commissioners, are in a very satisfactory 
condition. 

In my annual messages heretofore, and in my special message of De- 
cember 19, 1879, I have urged upon the attention of Congress the 
necessity of reclaiming the marshes of the Potomac adjacent to the 
capital, and I am constrained by its importance to advert again to the 
subject. These flats embrace an area of several hundred acres. They 
are an impediment to the drainage of the city, and seriously impair its 
Jiealth. It is believed that, with this substantial improvement of its 
river front, the capital would be, in all respects, one of the most attrac- 
tive cities in the world. Aside from its permanent popularity, this 
city is necessarily the place of residence of persons from every section 
of the country, engaged in the public service. Many others reside here 
temporarily, for the transaction of business with the Government. 

It should not be forgotten that the land acquired will probably be 
worth the cost of reclaiming it, and that the navigation of the river will 
be greatly improved. I therefore again invite the attention of Congress 
to the importance of promi)t provision for this much-needed and too 
long delayed imi^rovement. 

The water supply of the city is inadequate. In addition to the ordi- 
nary use throughout the city, the consumption by Government is neces- 
sarily very great in the navy-yard, arsenal, and the various Departments, 
and a large quantity is required for tlie proper preserxation of the 
numerous parks and the cleansing of sewers. I recommend that this 
subject receive the early attention of Congress, and that, iu making 
provision for an increased supply, such means be adopted as will have 
in view the future growth of the city. Temporary expedients for such 
a purpose cannot but be wasteful of money, and therefore unwise. A 
more ample reservoir, with corresponding facilities for keeping it filled, 
should, in my judgment, be constructed. I commend again to the atten- 
tion of Congress the subject of the removal, from their present location, 
of the depots of the several railroads entering the city ; and I renew the 
recommendations of my former messages in behalf of the erection of a 
building for the Congressional Library; the completion of the Wash- 
ington Monument; and of liberal appropriations in support of the 
benevolent, reformatory, and penal institutions of the District. 

RUTHEEFOED B. HAYES. 
Executive Mansion, December 6, 1880. 



SPECIAL MESSAGE 



THE SENATE AND HOUSE OP EEPEESENTATIVES, IN EELATION 
TO THE PONOA INDIANS. 

P^EBRUARY 1,1881. 



SPECIAL MESSAGE. 



To THE Senate and House of Representatives: 

lu compliance with tlie request of a large number of intelligent and 
benevolent citizens, and believing that it was warranted by the extraor- 
dinary circumstances of the case, on the 18th day of December, 1880, 
I appointed a commission consisting of George Crook and Kelson A. 
Mdes, brigadier-generals in the xVrmy, William Stickney, of the District 
of Columbia, and Walter Allen, of Massachusetts, and requested them 
to confer with the Ponca Indians in the Indian Territory, and if, in 
their judgment, it was advisable, also with that part of the tribe which 
remained in Dakota, and "to ascertain the facts in regard to their 
removal and present condition so far as was necessary to determine the 
question as to what justice and humanity re(iuire should be done by the 
Government of the United States, and to report their conclusions and 
recommendations in the premises." 

The commission, in pursuance of these instructions, having visited 
the Ponca Indians at their homes in the Indian Territory and in Dakota, 
and made a careful investigation of the subject referred to them, have 
reported their conclusions and recommendations, and I now submit 
their report, together with the testimony taken, for the consideration 
of Congress. A minority report by Mr. Allen is also herewith sub- 
mitted. 

On the 27th of December, 1880, a delegation of Ponca chiefs from 
the Indian Territory presented to the Executive a declaration of their 
wishes, in which they stated that it was their desire "to remain on the 
lands now occupied by the Poncas in the Indian Territory," and "to 
relimiuish all their right and interest in the lands formerly owned and 
occupied by the Ponca tribe in the State of Nebraska and the Territory 
of Dakota;" and the declaration sets forth the compensation which 
they win accept for the lands to be surrendered, and for the injuries 
done to the tribe by their removal to the Indian Territory. This decla- 
ration, agreeably to the request of the chiefs making it, is herewith 
transmitted to Congress. 

The public attention has frequently been called to the injustice and 
wrong which the Ponca tribe of Indians has suffered at the hands of 



348 LETTERS AND MESSAGES. 

the Governmeut of the United States. This subject was first brought 
before Congress and the country by the Secretary of the Interior in 
his annual report for the year 1877, in which he said : 

The case of the Poucas seems entitled to especial consideration at the 
hands of Congress. They have always been friendly to the Myites. It 
is said, and, as far as I have been able to learn, truthfully, that no Ponca 
ever killed a Avhite luan. The orders of the Government always met 
with obedient compliance at their hands. Their removal from their old 
homes on the jMissouri river was to them a great hardship. They had 
beeu born and raised there. They had houses there in which they lived 
according to their ideas of comfort. Many of them had engaged in 
agriculture, and possessed cattle and agricultural implements. They 
were very reluctant to leave all this, but when Congress had resolved 
upon their removal they finally overcame that reluctance and obeyed. 
Considering their constant good conduct, their obedient spirit, and the 
sacrifices tbey have made, they are certainly entitled to more than or- 
dinary care at the hands of the Government, and I urgently recom- 
mend that liberal provision be made to aid them in their new settlement. 

In the same volume, the report of E. A. Howard, the agent of the 

Poncas, is published, which contains the following: 

******* 

I am of the opinion that the removal of the Poucas from the northern 
climate of Dakota to the southern climate of the Indian Territory, at 
the season of the year it was done, will prove a mistake, and that a 
great mortality will surely follow among the people when they shall 
have been here for a time and become poisoned with the malaria of the 
climate. Already the effects of the climate may be seen upon them in 
the ennui that seejus to hav^ settled upon each, and in- the large num- 
ber now sick. 

It is a matter of astonishment to me that the Government should have 
ordered the remo^'al of the Ponca Indians from Dakota to the Indian 
Territory without ha^ing first made some provision for their settlement 
and comfort. Before their removal was carried into effect, an appro- 
priation should have been made l)y Congress sufticieut to liave located 
them in their new home, by building a comfortable house for the occu- 
pan(;y of every family of the tribe. As the case now is, no api)ropria- 
tion has been made by Congress, except for a sum but little more than 
sufficient to remove them; no houses have been built for their use, and 
the result is, that these people have been placed on an uncultivated res- 
ervation to live in their tents as best they may, and await further legis- 
lative action. 
******* 

These Indians claim that the Government had no right to move them 
from their reservation without first obtaining from them by purchase 
or treaty the title which they had acquired from the Government, and 
for Avhich they rendered a valuable consideration. They claim that the 
date of the settlement of their tribe upon tlie land composing their old 
reservation is prehistoiic; that they were all born there, and that their 
ancestors from geneiations back beyoiul tlu'ir knowledge were born and 
lived upon its soil, and that they final]}' ac^iuired a comjilete and per- 
fect title from the Government by treaty made with the "Great 



LETTERS AND MESSAGES. 349 

Father" at Wasliiugton, wliicli they claimed made it as legitimately 
theirs as is the home of the white man acquired by gift or purchase. 

******* 

The subject was again referred to in similar terms in the annual re- 
port of the Interior Department for 1878, in the reports of the Commis- 
sioner of Indian Affairs and of the agent for the Poncas; and in 1879 
the Secretary of the Interior said: 

That the Poncas were grievously wronged by their removal from 
their location ou the Missouri river to the Indian Territory, their old 
reservation having, by a mistake in making the Sioux treaty, been 
transferred to the Sioux, has been at length aud repeatedly set forth in 
my reports as well as those of the Commissioner of Indian Affairs. All 
that (;oukl Ije subsequently done by this Department in the absence of 
new legislation to repair that wroug and to indemnify them for their 
losses has been done with more than ordinary solicitude. Tbey were 
permitted to select a new location for themselves in the Indian Terri- 
tory, the Quapaw reserve, to which they luul first been taken, being 
objectionable to them. They chose a tract of country on the Ar- 
kansas river and the Salt Pork northwest of the Pawnee reserve. I 
visited their new reservation personally to satisfy myself of their con- 
dition. The lands they now occupy are among the very best in the 
Indian Territory in point of fertility, well watered and well timbered, 
and admirably adai)ted for agriculture as well as stock-raising. In this 
respect their new reservation is unquestionably superior to that which 
they left behind them on the Missouri river. Seventy houses have been 
buiit by aud for them of far better quality than the miserable huts they 
formerly occupied in Dakota, and the construction of a larger number 
is now in progress, so that, as the agent reports, every Ponca family 
will be comfortably housed before January. A very liberal allowance 
of agricultural implements and stock-cattle has been given them, and 
if they ai)]ily themselves to agricultural work there is no doubt that 
their condition will soon be far more prosi)erous than it has ever been 
before. During the first year after their removal to the Indian Terri- 
tory they lost a comparatively large number of their people by death in 
consequence of the change of climate, which is greatly to be deplored; 
but their sanitary condition is now very much improved. The death 
rate among them during the present year has been very low, and the 
number of cases of sickness is constantly decreasing. It is thought 

that they are now sufticiently acclimated to be out of danger. 

* _ * * * * * * 

A committee of the Senate, after a very full investigation of the 
subject, on the 31st of May, 1880, reported their conclusions to the 
Senate, and both the majority and minority of the committee agreed 
that ''a great wroug had been done to the Ponca Indians." The ma- 
jority of the committee says: 
#**•*** 

]^othing can strengthen the Government in a just policy to the Indians 
so much as a demonstration of its willingness to do ample and complete 
justice whenever it can be shown that it has inflicted a wrong upon a 
weak and trusting tribe. It is impossible for the United States to hope 
for any confidence to be reposed in them by the Indian until there shall 
be shown on their part a readiness to do justice. 



350 LETTERS AND MESSAGES. 

The minority report is equally explicit as to the duty of the Gov- 
ernment to repair the wrong done the Poncas. It says: 
* # * * * # . * 

We should be more prompt and anxious bccniuse they are weak and 
we are stron<?. In my judgment we should be liberal to the verge of 
hivishness in the expenditure of our money to improve tlieir condition, 
so that they and all others may know that, although like all Nations 
and all men we may do wrong, we are willing to make ample reparation. 

The report of the commission appointed by me, of which General 
Crook was chairman, and the testimony taken by them and their in- 
vestigations, add very little to what was already contained in the official 
reports of the Secretary of the Interior and the report of the Senate 
committee touching the injustice done to the Poncas by their removal 
to the Indian Territory. Happily, however, the evidence reported by 
the commission and their recommendations point out conclusively the 
true measures of redress whichi the Government of the United States 
ought now to adopt. 

The commission in its conclusions omit to state the important facts 
as to the present condition of the Poncas in the Indian Territory, but 
tlie evidence they have reported shows clearly and conclusively that 
the Poncas now residing in that Territory, five hundred and twenty-one 
in number, are satisfied with their new homes; that they are healthy, 
comfortable, and contented, and that they have freely and firmly de- 
cided to adhere to the choice announced in their letter of October 25, 
1880, and in the declaration of December 27, 1880, to remain in the In- 
dian Territory and not to return to Dakota. 

The e\idence reported also shows that the fragment of the Ponca 
tribe — perhaps one hundred and fifty in number — which is still in Da- 
kota and Nebraska prefer to remain on their old reservation. 

In view of these facts I am convinced that the recommendations of 
the commission, together with the declaration of the chiefs of December 
last, if substantially followed, will aiford a solution of the Ponca ques- 
tion which is consistent with the wishes and interests of both branches 
of the tribe, with the settled Indian policy of the Government, and as 
nearly as is now practicable with the demands of justice. 

Our general Indian policy for the future should embrace the following 
leading ideas: 

1. The Indians should be prepared for citizenship by giving to their 
young of both sexes that industrial and general education which is re- 
quired to enable them to be self-supporting and capable of self-protec- 
tion in a civilized community. 



LETTERS AND MESSAGES. 351 

2. Lands should be allotted to the Indians in severalty, inalienable 
for a certain period. 

3. The Indians should have a fair compensation for their lands not 
required for individual allotment, the amount to be invested with suit- 
able safeguards for their benefit. 

4. With these prerequisites secured, the Indians should be made citi- 
zens, and invested with the rights and charged with the responsibilities 
of citizenship. 

It is therefore recommended that legislation be adopted in relation 
to the Ponca Indians, authorizing the Secretary of the Interior to secure 
to the individual members of the Ponca tribe, in severalty, sufficient 
land for their support, inalienable for a term of years and until the re- 
striction upon alienation may be removed by the President. Ample 
time and opportunity should be given to the members of the tribe freely 
to choose their allotments either on their old or their new reservation. 

Full compensation should be made for the lauds to be relinquished, 
for their losses by the Sioux depredations, and by reason of their re- 
moval to the Indian Territory, the amount not to be less than the sums 
named in the declaration of the chiefs, made December 27, 1880. 

In short, nothing should be left undone to show to the Indians that 
the Groverumeut of the United States regards their rights as equally 
sacred with those of its citizens. 

The time has come when the policy should be to place the Indians 
as rapidly as practicable on the same footing with the other permanent 
inhabitants of our country. 

I do not undertake to ai^portion the blame for the injustice done to 
the Poncas. Whether the Executive or Congress or the public is chiefly 
in fault is not now a question of j)ractical importance. As the Chief 
Executive at the time when the wrong was consummated, I am deeply 
sensible that enough of the responsibility for that wrong justly attaches 
to me to make it my particular duty and earnest desire to do all I can 
to give to these injured people that measure of redress which is re- 
quired alike by justice and by humanity. 

EUTHERFOED B. HAYES. 

Executive Mansion, February 1, 1881 . 



IVIESS^aE 



TRANSMITTING 



TO THE SENATE AND HOUSE OF REPRESENTATIVES A REPORT OF 
THE RESULTS IN THE NEW YORK CITY POST OFFICE AND 
CUSTOM-HOUSE OF THE APPLICATION OF THE CIVIL- 
SERVICE REFORM RULES. 



FEBRUARY 28, 1881. 



23 



MESSAGE. 



To THE Senate and House of Eepresentatives : 

I transmit herewitli a copy of a letter addressed to the cliairman of 
the civil service commissiou on the 3d of December last, requesting to 
be furnished with a report upon the results in the post office and custom- 
house in the city of New York of the application of the civil -service 
rules requiring open competitive examinations for appointments and 
promotions, together with the report of Hon. Dorman B. Eaton, the 
chairman of the commission, in response. 

The report presents a very gratifying statement of the results of the 
application of the rules referred to, in the two largest and most impor- 
tant local offices in the civil service of the Government. The subject is 
one of great importance to the i^eople of the whole country. 

I commend the suggestions and recommendations of the chairman of 
the commission to the careful consideration of Congress. 

E. B. HAYES. 

Executive Mansion, February 28, 1881. 



I 



PROCLAMATION 



CONVENING 



THE SENATE OF THE UNITED STATES. 

FEBRUARY 28, 1881. 



PROCLAMATION. 



BY THE PRESIDENT OF THE IHSflTED STATES OF AMERICA. 
A PEOCLAMATION. 

Whereas objects of interest to the United States reqnire that the 
Senate should be convened at twelve o'clock on the fourth of March 
next, to receive and act upon such communications as may be made to 
it on the part of the Executive: 

Now, therefore, I, Eutherford B. Hayes, President of the United 
States, have considered it to be my duty to issue this my proclamation, 
declaring that an extraordinary occasion requires the Senate of the 
United States to convene for the transaction of business at the Capitol, 
in the city of Washington, on the fourth day of March next, at twelve 
o'clock at noon on that day, of which all who shall at that time be en- 
titled to act as members of that body are hereby required to take notice. 
Given under my hand and the seal of the United States, at Wash- 
ington, the twenty-eighth day of February, in the year of our 
[seal.] Lord one thousand eight hundred and eighty-one, and of the 
Independence of the United States of America the one hundred 
and fifth. 

E. B. HAYES. 
By the President : 
Wm. M. Evarts, 

Secretary of State. 



MlESS^aE 



RETURNING TO 



THE HOUSE or EEPKESENTATIVES THE BILL ENTITLED "AN ACT TO 
EAOILITATE THE KEFUNDING 01 THE NATIONAL DEBT." 

MARCH 3, 1881. 



MESSAGE. 



To THE House of Representatives: 

Having considered the bill entitled " An act to facilitate tlie refunding 
of the National debt," I am constrained to return it to the House of 
Eepreseutatives, in which it originated, with the following statement of 
my objections to its passage. 

The imperative necessity for prompt action, and the pressure of 
public duties in this closing week of my term of office, compel me to re- 
frain from any attempt to make a fiill and satisfactory presentation of 
the objections to the bill. 

The importance of the passage at the present session of Congress of 
a suitable measure for the refunding of the National debt, which is about 
to mature, is generally recognized. It has been urged upon the atten- 
tion of Congress by the Secretary of the Treasury and in my last an- 
nual message. • If successfully accomjdished, it will secure a large de- 
crease in the annual interest payment of the Nation; and I earnestly 
recommend, if the bill before me shall fail, that another measure for 
this purpose be adopted before the present Congress adjourns. 

While in my opinion it would be wise to authorize the Secretary of 
the Treasury, in his discretion, to offer to the public bonds bearing 3^ per 
cent, interest in aid of refunding, I should not deem it my duty to in- 
terpose my constitutional objection to the passage of the present bill 
if it did not contain, in its fifth section, provisions which in my judgment 
seriously impair the value and tend to the destruction of the present 
National banking system of the country. This system has now been in 
operation almost twenty years. No safer or more beneficial banking 
system was ever established. Its advantages as a business are free to 
all who have the necessary capital. It furnishes a currency to the public 
which for convesience and the security of the bill-holder has probably 
never been equalled by that of any other banking system. Its notes are 
secured by the deposit with the Government of the interest-bearing 
bonds of the United States. 

The section of the bill before me which relates to the National bank- 
ing system, and to which objection is made, is not an essential part of 
a refunding measure. It is as follows : 

Sec. 5. From and after the 1st day of July, 1881, the 3 per cent, bonds 



364 LETTERS AND MESSAGES. 

authorized by the first section of this act shall be the only bonds re- 
ceivable as security for national-bank circulation, or as securitiy for the 
safe-keeping and prompt ijayment of the i)ublic money deposited with 
such banks; but when any such bonds deposited for the purposes afore- 
said shall be designated for purchase or redemption by the Secretary of 
the Treasury, the banking association depositing the same shall have 
the right to substitute other issues of the bonds of the United States 
in lieu thereof: Provided, That no bond upon which interest has ceased 
shall be accepted or shall be continued on deposit as security for cir- 
culation or for the safe-keeping of the public money; and in case bonds 
so deposited shall not be withdrawn, as pro\ided by law, within thirty 
days after interest has ceased thereon, the banking association deposit- 
ing the same shall be subject to the liabilities and proceedings on the 
part of the Comptroller provided for in section 5234 of the Revised 
Statutes of the United States: And provided further, That section 4 of 
the act of June 20, 1874, entitled "An act fixing the amount of United 
States notes providing for a redistribution of the national-bank currency, 
and for other purposes," be and the same is hereby, repealed ; and sections 
5159 and 51G0 of the Revised Statutes of the United States be, and the 
same are hereby, re-enacted. 

Under this section it is obvious that no additional banks will here- 
after be organized, except possibly in a few cities or localities where 
the prevailing rates of interest in ordinary business are extremely low. 
No new banks can be organized, and no increase of the capital of ex- 
isting banks can be obtained except by the purchase and deposit of 
3 per cent, bonds. No other bonds of the United States can be used 
for the purpose. The one thousand millions of other bonds recently 
issued by the United States, and bearing a higher rate of interest than 
3 per cent., and therefore a better security for the bill-holder, cannot, 
after the 1st of July next, be received as security for bank circulation. 
This is a radical change in the banking law. It takes from the banks 
the right they have heretofore had under the law to purchase and de- 
posit, as security for their circulation, any of the bonds issued by the 
United States, and deprives the bill-holder of the best security which 
the banks are able to give, by requiring them to deposit bonds having the 
least value of any bonds issued by the Government. 

The average rate of taxation of capital employed in banking is more 
than double the rate of taxation upon capital employed in other legiti- 
mate business. Under these circumstances, to amend the banking law 
so as to deprive the banks of the privilege of securing their notes by 
the most valuable bonds issued by the Government will, it is believed, 
in a large part of the country, be a practical prohibition of the organi- 
zation of new banks, and prevent the existing banks from enlarging 
their capital. The National banking system, if continued at all, will be 
a monopoly in the hands of those already engaged in it, who may pur- 



LETTERS AND MESSAGES. 365 

chase Government bonds bearing a more favorable rate of interest than 
the 3 per cent, bonds prior to next July. 

To prevent the further organization of banks is to put in jeopardy 
the whole system by taking from it that feature which makes it as it 
now is, a banking system free ujjon the same terms to all who wish to 
engage in it. Even the existing banks will be in danger of being driven 
from business by the additional disadvantages to which they will be 
subjected by this bill. In short, I cannot but regard the fifth section 
of the bill as a step in the direction of the destruction of the National 
banking system. 

Our country, after a long period of business depression, has just en- 
tered upon a career of unexampled prosperity. 

The withdrawal of the currency from circulation of the National banks 
and the enforced winding up of the banks in consequence, would inev- 
itably bring serious embarrassment and disaster to the business of the 
country. Banks of issue are essential instruments of modern commerce. 
If the present efficient and admirable system of banking is broken 
down, it will inevitably be followed by a recurrence to other and infe- 
rior methods of banking. Any measure looking to such a result will 
be a disturbing element in our financial system. It will destroy confi- 
dence and surely check the growing prosperity of the country. 

Believing that a measure for refunding the National debt is not neces- 
sarily connected with the National banking law, and that any refunding 
act would defeat its own object if it imperilled the National banking 
system or seriously impaired its usefulness; and convinced that section 
5 of the bill before me would, if it should become a law, work great 
harm, I herewith return the bill to the House of Eepresentatives for 
that further consideration which is provided for in the Constitution. 

EUTHERFORD B. HAYES. 

Executive Mansion, March 3, 1881. 



IISTDEX. 



Date. 

Letter of Acceptance J"ly 8, 1876 

Inaugural Address March 5, 1877 

Letter of Instruction to tlie Louisiana Commission April 2, 1877 

Executive Order, Withdrawal of Troops April 20, 1877 

Report of Louisiana Commission April 24, 1877 

Proclamation convening Congress May 5, 1877 

Letter on the Conduct to be observed by Officers of the General Gov- 
ernment in relation to Elections May 26, 1877 

Executive Order, Civil Service June 22, 1877 

Proclamation, Railroad Riot in West Virginia Jnly 18, 1877 

Proclamation, Railroad Riot in Maryland July 21, 1877 

Proclamation, Railroad Riot in Pennsylvania July 23, 1877 

Message, First Session, Forty-fifth Congress October 15, 1877 

Proclamation, Thanksgiving Day October 29, 1877 

Executive Order, Death of Senator Morton November 2, 1877 

Message, Second Session, Forty-fifth Congress December 3, 1877 

Message returning Silver Bill February 28, 1878 

Message returning Bill authorizing a Special Term of U. S. Court to 

be held in Mississippi March 6, 1878 

Proclamation, Riot in New Mexico October 7, 1878 

Proclamation, Thanksgiving Day October 30, 1878 

Message, Third Session, Forty-fifth Congress December 2, 1878 

Message, Postal and Commercial Intercourse with South America . . December 17, 1878 

Message, New York Custom-House January 31, 1879 

Letter to General Merritt, Collector of Customs, New York City . . . February 4, 1879 

Message returning Chinese Bill March 1, 1879 

Message, Draft of Chinese Bill March 1, 1879 

Proclamation convening Congress March 4, 1879 

Message, First Session, Forty-sixth Congress March 19, 1879 

Proclamation, Invasion of Indian Territory April 26, 1879 

Message returning Army Bill April 29, 1879 

Message returning Military-Interference Bill May 12, 1879 

Message returning Legislative, Executive, and Judicial Bill .. ' May 29, 1879 

Message returning Judicial Bill June 23, 1879 

Message returning Marshals' Bill June 30, 1879 

^lessage. Appropriations for Pay of Marshals June 30, 1879 

Address, Reunion, Twenty-third Ohio Veteran Volunteer Infantry, 

Youngstown, Ohio September 17, 1879 

Address, Michigan ^tate Fair, Detroit September 18, 1879 



368 INDEX. 

Date. 

Proclamation, Thanksgiving Day November 3, 1879 

Executive Order, Death of Senator Chandler November 1, 1879 

Message, Second Session, Forty-sixth Congress December 1, 1879 

Proclamation, Invasion Indian Territory February 12, 1880 

Message, Inter-oceanic Canal March 8, 1880 

Message, Declaration of Independence Desk April 22, 1880 

Message returning Deficiency Bill May 4, 1880 

Address, Ohio Soldiers' Reunion, Columbus August 11, 1880 

Proclamation, Thanksgiving Day No%emV>er 1, 1 '80 

Message, Third Session, Forty-sixth Congress December 6, 1880 

Message, Ponca Indians February 1, 1881 

Message, Civil Service Commission February 28, 1881 

Proclamation convening the Senate of the United States February 28, 1881 

returning Refunding Bill March 3, 1881 



